REPORT, 


OF  THE 


Committee  on  Penitentiary 


TO  THE 


THIRTY-SECOND  GENERAL  ASSEMBLY. 


I 


.JEFFERSON  CITY: 

STATE  JOURNAL  COMPANY,  STATE  PRINTERS, 

1883. 


Senate  Chamber,  \ 
March  16,  1883.  j 

Presented  by  the  Committee  on  Penitentiary,  March  16,  1883.  Ordered  that 
1,000  copies  with  the  testimony  be  printed  for  the  use  of  the  General  Assembly,  and 
that  1 ,000  copies  of  the  report,  without  the  testimony,  be  printed  with  the  appendix. 

F.  C.  NESBIT,  Secretary  Senate. 


REPORT. 


Mr.  President-:  Your  Committee  on  Penitentiary  respectfully  ask 
leave  to  present  the  following  report:  Previous  to  the  meeting  of  the 
General  Assembly,  grave  charges  of  mismanagement  had  been  made  pub- 
licly against  the  managers  of  the  Penitentiary,  and  the  newspapers  had  for 
some  time  been  full  of  sensational  articles  relating  to  the  investigation  which 
had  been  made  by  the  Board  of  Inspectors  in  August,  1882.  When  the 
committee  perfected  an  organization,  in  order  to  ascertain  if  the  matters 
were  of  sufficient  importance  and  seemed  to  have  a sufficien'  foundation  in 
fact  to  demand  an  investigation,  they  directed  a letter  to  the  Inspectors, 
requesting  that  the  testimony  taken  in  that  investigation  be  placed  in  their 
hands,  wdiich  request  was  promptly  complied  with.  The  testimony  wras  read 
by  the  committee  and  was  of  such  a character  that  they  deemed  a rigid 
investigation  necessary,  and  to  that  end  asked  and  were  granted  power  by 
the  Senate  to  send  for  persons  and  papers.  In  reference  to  this  matter,  the 
following  letter  wras  received  from  Gov.  Crittenden : 

State  of  Missouri,  Executive  Department,  1 
City  of  Jefferson,  Jan.  18,  1883.  / 

Hon.  James  McGrath,  Chairman  Seriate  Committee  on  Penitentiary : 

Sir  : I enclose  you  herewith  a copy  of  a letter  addressed  by  me  to 
- Hon.  Henry  Lhnder,  Chairman  of  the  Penitentiary  Committee  in  the  House 
2 of  Representatives,  on  the  12th  day  of  January,  inst.  I respectfully  ask 
your  committee  to  make  such  an  examination  of  the  management  of  that 
institution  as  I have  asked  of  the  House  committee.  If  the  Penitentiary  has 
been  injudiciously  or  wrrongly  managed,  it  should  be  knowm ; if,  upon  the 
other  hand,  it  has  been  judiciously  and  properly  managed,  the  Warden 
should  have  his  meed  of  praise. 

Very  respectfully, 

THUS.  T.  CRITTENDEN. 


‘9 

A 


The  letter  enclosed  was  as  follows : 

State  of  Missouri,  Executive  Department,  1 
City  of  Jefferson,  Jan.  12,  1883.  , £ 

Hon.  Harry  Lander,  Chairman  Penitentiary  Committee: 

Sir  : I enclose  yon  herewith  the  testimony  taken  by  the  Board  of 
Inspectors  of  the  Penitentiary.  It  was  sent  to  me  by  the  Board,  and  I have 
held  it  until  a Committee  on  Penitentiary  should  be  appointed  by  the  Speaker 
of  your  honorable  body,  with  the  view  of  delivering  it  to  that  committee. 
If  compatible  with  the  views  of  the  committee,  I suggest  that  a thorough 
examination  be  made  of  the  financial  and  physical  management  of  that 
institution,  without  fear  or  favor,  and  that  such  a report  be  made  to  the 
Legislature  as  the  wisdom  of  the  committee  may  suggest. 

Very  respectfully, 

TI-IOS.  T.  CRITTENDEN. 

The  penitentiary  is  under  the  direction  of  a Board  of  Inspectors  and 
the  Warden,  the  Board  being  composed  of  the  State  Treasurer,  the  State 
Auditor  and  the  Attorney-General,  and  their  powers  and  duties  are  estab- 
lished by  law.  We  find  that  the  Board  of  Inspectors  have  not  maintained 
that  control  over  the  management  and  discipline  of  the  Penitentiary  which 
the  law  imposes  upon  them  as  a duty.  While  their  testimony  shows  that 
they  made  monthly  visits  to  the  Penitentiary,  writh  possibly  a few  exceptions, 
and  sometimes  oftener  than  once  a month,  they  failed  to  keep  a record  of 
all  such  meetings  and  visits  as  is  required  by  law.  Up  to  August,  1882,  they 
made  no  examination  of  the  invoices  of  goods  bought,  or  into  any  of  the 
financial  transactions  of  the  Penitentiary,  further  than  as  such  were  shown 
in  the  monthly  statements  and  balance  sheets  of  the  Warden.  Here,  in  the 
opinion  of  your  committee,  rests  primarily  the  foundation  of  the  charges 
against  the  management  of  the  Penitentiary.  We  feel  constrained  to  say 
that  had  the  Inspectors  properly  performed  their  duties,  as  required  by  law, 
none  of  the  abuses  charged,  or  hereinafter  mentioned,  could  have  existed 
without  their  knowledge. 

The  Warden,  by  virtue  of  his  position,  has  the  charge  and  custody  of 
the  Penitentiary  prison,  with  the  buildings,  stock,  provisions,  and  every 
other  description  of  property  pertaining  thereto,  belonging  to  the  State,  and 
it  is  provided  by  section  6511  of  the  Revised  Statutes  that  he  shall  not  sell 
or  give  to  any  of  the  officers  or  employes  of  the  prison  any  fuel,  forage  or 
provisions  under  his  charge,  noi  permit  such  things  to  be  taken  or  used 
except  for  the  use  and  benefit  of  the  State.  We  find  that  the  Warden  has 
violated  some  of  the  provisions  of  this  section,  having  in  a number  of 
instances  sold  forage  and  fuel  to  officers  and  employes. 


0 

It  also  appears  from  the  testimony  that  from  eight  to  twelve  horses 
belonging  to  the  officers  and  employes  of  the  prison  were  kept  at  the  Peni- 
tentiary stables,  part  of  them  at  the  expense  of  the  State.  While  the  evi- 
dence shows  that  those  last  mentioned  were  used  in  doing  the  work  of  the 
State,  it  is  unauthorized  by  law'  and  the  committee  considers  it  an  abuse. 
The  Inspectors  in  October,  1882,  adopted  a resolution  prohibiting  the  keep- 
ing of  any  horses,  other  than  those  belonging  to  the  State,  at  the  Peniten- 
tiary stables,  and  so  far  as  wre  can  learn  this  has  been  strictly  enforced. 

For  a number  of  years  the  State  has  been  leasing  a farm  in  Callaw'ay 
county,  opposite  the  Penitentiary,  and  there  raising  potatoes,  cabbage  and 
other  vegetables  for  the  Penitentiary.  This  has  proved  quite  an  advantage 
to  the  State,  financially,  as  they  could  be  raised  for  much  less  than  they 
would  cost  in  open  market. 

In  this  connection  the  committee  desires  to  state  that  it  has  examined 
into  the  charges  made  that  convicts  and  teams  from  this  farm  were  used  in 
cultivating  a farm  in  that  vicinity  belonging  to  or  leased  by  a brother  of  the 
Warden,  and  find  them  to  be  without  foundation  in  fact. 

It  will  be  seen  from  the  testimonjr  that  a barber  shop  is  in  operation  in 
the  second  story  of  the  round  house,  which  is  patronized  by  the  officers, 
guards  and  employes  of  the  Penitentiary  and  some  of  the  contractors  and 
their  employes.  Up  to  the  time  of  the  Inspectors’ investigation,  the  testi- 
mony show's  that  this  shop  was  under  the  charge  of  R.  D.  Willis  and  that 
three  able-bodied  convicts  were  employed  there.  Some  of  the  patrons  of  the 
shop  paid  for  the  work  they  had  done,  the  shop  yielding,  according  to  the 
testimony,  from  $10  to  $15  per  month,  out  of  which  the  expenses  were  paid. 
The  profits  of  the  shop,  since  January  1,  1881,  and  which  wrere  retained  by 
R.  I).  Willis,  amounts,  according  to  his  testimony,  to  about  $125.  It  has 
been  a custom  for  many  years  to  keep  a barber  shop  here,  the  profits  of 
which  were  retained  by  the  party  having  control  of  it,  but  the  committee 
does  not  sanction  the  custom.  The  labor  of  these  three  convicts  is  worth,  at 
the  regular  contract  price  of  forty  cents  a day,  $360  a year.  The  committee 
is  of  the  opinion  that  if  the  officers  and  employes  desire  a shop  there,  they 
should  employ  the  convicts,  as  do  the  contractors,  and  not  have  this  work 
done  at  the  expense  of  the  State.  The  Inspectors  adopted  a resolution  in 
October,  1882,  requiring  an  account  of  the  receipts  and  expenditures  of  this 
shop  to  be  kept,  the  balance,  after  paying  all  expenses,  to  be  paid  into  the 
State  Treasury,  and  it  is  now  managed  as  required  therein. 

We  find  that,  while  the  law'  requires  that  no  purchase  of  supplies  in 
excess  of  $500  shall  be  made  by  the  Warden  without  authority  from  the 
Board  of  Inspectors,  such  purchases  have  been  repeatedly  made.  While  we 
regard  such  purchases  as  a technical  violation  of  the  law.  yet  in  our  opinion 
they  have  inured  to  the  benefit  of  the  State. 


It  was  charged  on  the  streets  and  elsewhere  that  the  Warden  received 
rebates  from  the  parties  of  whom  he  purchased  supplies,  and  the  charge 
seemed  to  have  some  foundation  in  fact  from  the  testimony  of  Wm.  Myers. 
The  committee  deemed  this  matter  of  so  much  importance  that  they  decided 
to  examine  the  parties  with  whom  the  Warden  had  dealings,  to  ascertain  the 
correctness  of  falsity  of  the  charge,  and  to  that  end  visited  St.  Louis,  where 
his  purchases,  in  the  main,  were  made.  In  investigating  this  matter,  the 
most  prominent  business  men  of  St.  Louis  were  brought  before  the  com- 
mittee and  testimony  was  never  more  unanimous,  all  stating  most  emphati- 
cally that  they  had  never  paid  or  given  to  the  Warden  or  any  member  of  his 
family  or  anyone  in  his  employ,  directly  or  indirectly,  any  rebate  or  money 
or  article  of  value  of  any  kind  or  description  in  consideration  of  his  making- 
purchases  of  them.  Further  than  this,  they  all  stated  that  the  Warden  was 
a careful  and  prudent  buyer,  well  posted  in  all  lines  of  goods,  and  always 
securing  the  lowest  prices  when  purchasing.  This  testimony  is  corroborated 
by  the  merchants  of  this  city,  of  whom  the  Warden  has  made  purchases. 

There  has  been  considerable  comment  regarding  the  removal  of  United 
States  prisoners  from  this  Penitentiary  to  that  at  Chester,  III.  We  find  that 
but  one  prisoner,  M.  E.  Rodgers,  was  removed,  his  removal  having  been 
requested  by  himself  and  his  friends,  and  the  cause  thereof  being  that  he 
had  been  whipped  for  what  is  entered  on  the  prison  records  as  --fastidious- 
ness in  dining  room,  etc.”  The  punishment  was  inflicted  October  1,  1880, 
and  the  extent  thereof  was  three  stripes.  The  correspondence  of  the  War- 
den with  lion.  Brewster  Cameron  of  the  Department  of  Justice  at  Wash- 
ington, D.  C.,  which  appears  in  the  Warden’s  testimony,  fully  explains  this 
matter. 

The  committee  finds  that  the  convicts  who  have  worked  on  Sunday  did 
so  voluntarily,  for  which  they  were  paid  by  the  contractors  and  the  amount 
retained  by  them  and  that  no  convict  has  been  forced  to  work  against  his 
will  on  Sunday.  The  only  work  done  on  Sunday  was  that  of  cleaning 
machinery  and  rubbing  down  seams  in  the  saddle  tree  shop.  It  was  neces- 
sary that  this  last  labor  should  be  performed  on  Sunday  or  the  convicts  in 
this  shop  were  unemployed  on  Saturday.  While  opposed  to  compelling  con- 
victs to  work  on  Sunday,  the  committee  believe  that  the  contractors  should 
not  be  denied  a sufficient  number  of  volunteers  to  clean  up  their  machinery 
and  to  do  any  other  work  that  may  be  absolutely  necessary  on  that  day. 

In  January,  1881,  th^  Warden,  by  direction  of  the  Inspectors,  advertised 
for  bids  for  supplying  beef  for  the  Penitentiary,  the  beef  to  be  delivered  on 
hoof  at  the  prison,  to  be  what  is  known  as  ;-  butcher’s  beef”  and  net  50  per 
cent.  When  the  bids  were  opened  on  February  8,  1881,  it  was  found  that 
there  were  three  bidders — John  W.  Gordon  of  Cole,  Newton  & Son  of 
Sedalia,  and  Waddy  Thompson  of  Warrensburg,  and  the  former  being  the 


lowest  bidder,  the  contract  was  awarded  to  him.  The  testimony  shows  that 
there  was  a collusion  between  these  bidders  and  the  committee  believe  that 
each  knew  what  the  other  was  to  bid  and  had  agreed  that  Gordon  was  to  be 
the  lowest  bidder.  In  consideration  of  this.  Gordon  permitted  Newton  & 
Son  to  furnish  what  is  known  as  “cut”  meat  on  his  ‘contract,  and  paid 
Thompson  the  sum  of  either  $500  or  $600,  Newton  & Son,  who  held  the  con- 
tract for  supplying  beef  prior  to  January  1,  1881,  were  at  that  time  supply- 
ing from  150  to  200  pounds  of  cut  meat  per  day  to  the  Penitentiary  and 
continued  to  do  so  under  Gordon’s  contracts  until  in  September,  1881,  when 
they  were  notified  by  the  Warden  that  no  more  would  be  received.  A short 
time  prior  to  this,  Hon.  Phil.  E.  Chappell,  one  of  the  Inspectors,  discovered 
that  this  cut  meat  was  being  received  and  spoke  to  the  Warden  regarding  it, 
advising  him  to  receive  no  more  of  it,  which  advice  the  Warden  promised  to 
follow.  However,  this  cut  meat  was  received  for  some  time  after  from 
Newton  & Son  of  Sedalia,  after  this  conversation,  before  it  was  stopped. 
For  two  months,  November  and  December,  1881,  from  150  to  200  pounds  of 
cuf  meat  was  received  daily  from  St.  Louis,  being  shipped  by  the  commission 
house  of  Gates  & Co.,  on  the  order  of  Waddy  Thompson.  No  cut  meat  was 
received  after  this  time.  Considerable  of  this  meat,  both  of  that  from 
Sedalia  and  from  St.  Louis,  was  tainted  and  spoiled  when  it  reached  the 
Penitentiary  and  was  thrown  away.  The  price  paid  for  this  meat  was  from 
one  to  one  and  a quarter  cents  a pound  less  than  the  net  price  paid  for  the 
beef  delivered  at  the  Penitentiary  on  hoof.  The  testimony  shows  that  none 
of  the  meat  which  was  spoiled  was  paid  for  by  the  State.  The  committee 
failed  to  find  that  the  Warden  was  in  any  way  interested  in  the  beef  con- 
tracts, or  that  he  knew  at  the  time  of  letting  the  contracts  that  there  had 
been  a combination  between  the  bidders — Gordon,  Thompson  and  Newton  & 
Son.  The  committee  unqualifiedly  disapprove  of  these  transactions.  By 
direction  of  the  Inspectors,  the  Warden  had  advertised  for  proposals  to 
furnish  all  the  beef  required  at  the  prison  and1  the  contracts  therefor  were 
approved  by  the  Inspectors,  and  the  committee  deem  it  a violation  of  his 
duties  for  him  to  purchase  beef  from  any  other  source  or  of  any  other  kind 
than  under  the  contract.  While  the  Warden  had  unlimited  control  of  the 
purchase  of  all  supplies  except  this  one  item,  the  Inspectors  sought  to 
regulate  this,  and  in  our  judgment,  he  had  no  right  to  make  outside  pur- 
chases to  the  extent  which  he  did  without  their  knowledge  and  consent. 

We  find  the  Penitentiary  in  a clean,  wholesome  condition,  well  policed, 
and  managed  to  the  interest  of  the  State.  It  is  not  self-supporting,  but 
pays  all  expenses  except  that  of  the  officers.  With  added  facilities  and  new 
buildings  about  to  be  erected,  it  is  to  be  hoped  that  a better  price  for  the 
labor  can  be  obtained,  and  the  convicts  be  made  not  only  to  feed  themselves 
but  to  pay  all  the  expenses  of  guards,  etc. 


8 


The  Penitentiary  discipline  is  under  the  direct  control  of  the  Warden 
and  his  deputy.  As  regards  the  punishment  inflicted  for  violations  of  the 
rules,  in  some  cases  it  may  seem  severe,  but  when  we  take  into  considera- 
tion the  fact  that  the  convicts  imprisoned  are  bad,  vicious  men,  confined  for 
crime,  and,  as  a punishment  for  crime  of  all  grades,  condemned  to  hard 
labor,  all  will  admit  that  among  them  strict  discipline  must  be  enforced  and 
the  means  and  authority  for  punishment  conferred  upon  the  Warden  must 
be  adequate  to  this  end.  We  feel  a delicaey  in  making  a recommendation 
in  this  regard,  especially  to  satisfy  the  whims  of  impractical  philanthropists, 
who  would  have  the  convicts  treated  as  distinguished  guests  of  the  State, 
but  prefer  rather  to  leave  the  matter  to  the  judgment  of  those  who  have 
charge  of  the  Penitentiary,  trusting  to  their  experience,  wisdom  and 
humanity. 

The  testimoity  shows  that  convict  labor  is  employed  at  the  Executive 
Mansion,  without  compensation  to  the  State,  in  attending  to  the  grounds, 
furnaces  and  the  stables.  This  is  unauthorized  by  law,  being  prohibited 
since  the  Revised  Statutes  of  1879,  went  into  effect. 

In  conclusion,  your  committee  desire  to  state  that  they  have  made  a 
thorough  and  impartial  investigation  of  every  charge  made  against  the  Peni- 
tentiary and  have  omitted  no  line  of  enquiry  suggested  by  the  charges  in 
the  public  press,  assertions  on  the  streets  or  the  investigation  made  by  the 
Board  of  Inspectors,  and  find  nothing  worthy  of  mention  in  this  report 
except  as  hereinbefore  set  out,  and  that,  in  no  instance  has  there  been  any 
evidence  of  corruption  or  peculation.  We  submit  herewith  all  the  testi- 
monj7  taken  by  us  for  the  information  of  the  Senate,  to  which  we  refer  for 
fuller  details. 

JAMES  McGRATH,  Chairman. 

WM.  G*.  DOWNING. 

T.  J.  O.  MORRISSON. 

E.  M.  EDWARDS. 

JNO.  H.  BRITTS. 


TESTIMONY. 


John  Walker,  State  Auditor  and  ex-officio  member  of  the  Board  of 
Inspectors  of  the  Penitentiary,  being  duly  sworn,  testifies  as  follows:  “I 
became  Inspector  of  the  Penitentiary,  January  10,  1881;  the  Inspectors 
received,  according  to  law,  a statement  of  the  Warden  of  the  Penitentiary, 
giving  the  receipts  and  expenditures  usually  made  on  the  10th  of  each 
month,  together  with  pay  roll  of  officers  and  employes;  if  the  Board  is  not 
in  session  on  that  day,  the  Warden  hands  them  in  and  I laj7  them  before  the 
Board  at  the  next  meeting  thereafter ; the  Warden  usually,  on  that  day, 
presents  his  requisition  for  amount  of  money  to  cover  expenditures  for  the 
month  next  before ; if  not  in  session  on  that  day,  they  are  laid  before  the 
Inspectors ; in  every  case  the  pay  roll  has  been  approved  by  the  Inspectors, 
upon  which  warrants  have  been  issued  for  the  amount  named  in  the  pay  roll ; 
the  accounts  above  are  balances ; these  are  carefully  examined  b}7  the  Board 
at  the  time  or  at  the  first  meeting  thereafter,  and  if  found  correct  are 
approved;  the  Warden,  by  law,  is  not  required  to  give  the  Inspectors  a full 
statement  of  receipts  and  expenditures,  but  merely  the  balances  each  month. 
All  other  matters  of  business  not  contained  in  these  statements  are  con- 
tained in  the  Warden  Is  books,  to  which  the  Inspectors  at  all  times  had 
access ; at  the  time  of  our  investigation,  everything  on  these  books  were 
properly  kept,  very  neat,  indeed;  we  called  off  every  item,  every  bill  of 
purchase,  and  found  them  properly  distributed  to  the  various  accounts  to 
which  they  belonged ; the  books  did  not  show  any  irregularities  whatever ; 
the  bills  of  purchase  were  correct  as  far  as  we  could  ascertain  ; we  have 
011I37  gone  through  the  books  one  time,  which  was  in  September  and  October, 
1882,  Chappell  and  myself  made  this  examination  of  the  books ; Gen. 
McIntyre,  the  other  Inspector,  was  not  with  us  in  this  examination ; we 
were  in  the  examination  some  three  or  four  weeks,  off  and  on  ; we  made  it 
thorough,  embracing  general  accounts,  merchandise,  and  everything  per- 
taining to  that  institution ; in  our  examination  of  the  accounts  of  the  insti- 
tution, we  did  not  find  any  irregularities  on  the  books  of  the  Warden ; 
about  the  first  of  April,  1881,  we  asked  the  Warden  for  a financial  statement 


10 


of  the  condition  of  the  institution,  which  he  made,  showing  an  indebtedness 
of  institution  of  about  $30,000,  with  available  assets  of  about  $15,000, 
which  would  leave  a real  indebtedness  of  about  $15,000,  the  result  from 
losses  by  fire  and  drought;  we  had  the  subject  up  and  discussed  it  pretty 
freely;  we  all  agreed,  that  is,  all  the  Inspectors  and  Warden,  to  divert  a 
part  of  the  appropriations  made  for  special  purposes  to  repair  damages  done 
by  the  fire  ; we  thought  better  to  do  this  than  to  call  the  Legislature  together 
for  this  purpose ; but  when  the  Legislature  was  called  together  for  some 
other  purpose  than  this,  we  differed  then  as  to  the  propriety  of  bringing  the 
matter  before  the  Legislature,  and  a majority  decided  not  to  do  so,  which 
vote  was  determined  on  the  following  resolution,  offered  by  myself: 

“ liesolved,  That  we  ask  the  Governor  to  make  known  to  the  General 
Assembly,  now  in  session,  the  condition  of  the  Penitentiary  and  to  ask  for 
an  appropriation  of  $14,000  for  maintenance  and  $15,000  for  dining  room 
and  chapel,  and  to  finish  other  improvements  already  commenced.” 

This  was  rejected;  Chappell  and  McIntyre  voting  no  and  Walker 
voting  yes;  the  Governor  and  the  Warden  opposed  the  resolution. 

We  have  carried  about  the  same  indebtedness,  that  is  about  $14,000,  up 
to  the  end  of  the  year ; all  of  which  indebtedness  resulted  from  the  fire  and 
purchases  made  to  repair  losses  and  damages  occasioned  by  the  fire,  such  as 
the  weaving  machine  and  lot  of  ground  which  the  brick  yard  is  on,  etc. 

When  we  took  charge  of  the  institution  in  January.  1881,  it  was  entirely 
out  of  debt,  and  an  amount  of  earnings  of  $20,000  in  the  Treasury,  which 
was  out  of  the  earnin'gs.  This  we  have  not  used  and  cannot  use  because  it 
has  not  been  appropriated. 

In  the  investigation  by  the  Inspectors,  we  further  found  that  there  was 
a number  of  horses  in  the  stables  ; on  the  5th  of  May  I saw  in  the  Penitentiary 
stables  17  horses  that  I recognized  did  not  belong  to  the  State  ; on  the  Gth  of 
May  the  Secretary  was  authorized  to  address  a letter  to  the  Warden,  inquir- 
ing as  to  whether  there  were  such  horses  there  or  not,  and  to  whom  they 
belonged ; we  received  an  answer,  which  is  now  on  file  here. 

(Here  the  letter  marked  exhibit  “A”  was  produced.) 

This  resulted  in  the  passage  of  several  resolutions,  one  of  which  was 
that  so  much  of  the  contract  with  Mr.  Todd  as  relates  to  the  care  and  feed 
of  one  horse  as  part  of  his  salary,  be  rescinded,  and  his  salary  increased  to 
$1,200.  These  horses  were  kept  at  the  stables.  In  fixing  the  salary  of 
various  officers,  Mr.  Todd  offered  to  take  $100  per  annum  less  and  have  the 
privilege  of  keeping  one  horse  at  the  stables.  But  when  we  made  this 
investigation  we  found  he  was  abusing  the  privilege  of  keeping  one  horse, 
and  had  seven  in  the  stables — five  in  one  stable  and  two  in  the  other.  I 
went  down  myself  on  the  5th  of  May  and  made  these  discoveries,  and  this 
led  to  the  inquiry  and  letter  of  the  6th.  On  my  visit  I found  seventeen  horses 


/ 


1 1 

in  the  stables  altogether.  These  stables  are  all  under  control  of  the  Warden. 
I don’t  know  how  long  these  horses  had  been  kept  there.  I think  the  War- 
den had  two  or  three  horses  there,  Peter  AVillis  one,  Dr.  Winston,  (physician 
of  the  Penitentiary),  one,  Captain  Todd  seven  ; the  lame  horse  belonged  to 
Gov.  Crittenden. 

A further  resolution  was  adopted  directing  the  Warden  to  purchase  a 
horse  for  the  use  and  benefit  of  the  wagon-master ; and  also  one  horse  to  use 
in  addition  to  the  one  now  owned  by  the  State,  to  be  used  for  general  pur- 
poses as  saddle  or  light  harness  horses. 

We  also  called  the  Warden’s  attention  to  Section  6511,  and  requesting 
and  directing  that  no  other  animals  be  kept  in  the  State  stables,  except  those 
belong  to  the  State.  “Other  animals,”  as  here  used,  referred  to  cows. 
This  order  was  not  intended  to  prevent  the  prison  physician  and  contractors 
from  having  their  horses  and  vehicles  put  in  the  stables  for  shelter  during 
the  day. 

I don’t  know  whether  the  State  owned  any  cows  at  that  time  or  not.  I 
didn’t  see  any  there.  I didn’t  go  to  the  cow-sheds  at  all. 

I have  no  memoranda  that  will  show  that  we  directed  a letter  to  the 
Warden  asking  whether  the  horses  were  kept  at  he  States’s  expense  or  not, 
but  we  did  direct  such  a letter,  and  in  reply  received  the  letter  marked 
“Exhibit  B.” 

We  had  a common  or  pasture  connected  with  the  Penitentiary,  which 
contained  some  twenty  or  thirty  acres,  and  was  used  as  a grazing  ground.  I 
don’t  know  that  it  was  used  except  for  the  State.  This  pasture  did  not  be- 
long to  the  State,  but  was  leased.  After  having  disposed  of  the  State  cows, 
the  lease  expired,  and  we  passed  a resolution  ordering  the  pasture  discon- 
nected from  the  stables  belonging  to  the  State,  by  closing  the  gates  and 
passages  between.  This  resolution  was  passed  August  8th,  1882. 

The  Warden  was  authorized  to  advertise  for  bids  for  the  beef  contract, 
in  January,  1881.  I have  not  a copy  of  that  advertisement.  It  required 
the  qualities  to  be  what  we  call  “50  per  cent,  beef,”  to  be  delivered  “on 
hoof,”  to  the  Warden,  in  amounts  as  he  might  direct  from  time  to  time.” 
The  contract  required  all  the  beef  to  be  delivered  on  hoof,  and  no  other  kind 
of  beef  was  contemplated,  nor  advertised,  nor  contracted  for,  except  that 
named  and  contracted  for  at  these  lettings.  I have  seen  the  contract,  but 
have  not  a copy  of  the  contract  or  advertisement.  “Fifty  per  cent,  beef”  is 
extra  good  beef- on  foot.  This  matter  is  determined  by  weighing  the  annimal 
live  and  getting  the  gross  weight  before  butchering;  then  butchering  and 
hanging  the  quarters  up  fora  few  hours  until  they  dry  or  quit  running; 
then  weigh  the  net  beef.  If  the  difference  between  the  net  and  gross  weight 
is  50  to  the  100,  it  is  “50  per  cent  beef,”  and  the  difference  in  quality  is  the 
difference  above  and  below  50  per  cent.  We  bring  the  animals  in  and 


12 


butcher  them,  hanging  the  meat  up  after  this  manner,  and  then  weigh  the 
meat ; then  we  double  the  net  weight  and  call  it  the  gross  weight,  and  pay 
accordingly. 

This  contract  was  awarded  on  the  8th  of  February,  1881,  to  John  W. 
Gordon  for  six  months,  ending  July  1,  1881,  at  $3.62J  per  hundred  pounds. 
Before  the  expiration  of  six  months,  the  Warden  advertised  for  other  bids, 
so  that  the  contract  could  be  let  at  the  end  of  the  six  months.  This  contract 
was  let  to  the  same  party,  Mr.  Gordon,  for  six  months,  at  $3.80. 

The  next  contract  was  awarded  to  the  same  party  for  twelve  months. 

There  were  two  lettings  between  July,  1881,  and  January,  1883.  From 
the  8th  of  February^  1881,  to  December  31,  1882,  Gordon  held  the  contracts 
continuously,  and  supplied  all  the  beef  for  that  time. 

In  the  investigation  we  speak  of,  we  discovered  no  irregularities  in  the 
contract  for  beef,  and  I have  heard  no  complaint  on  the  part  of  the  Warden, 
Inspectors  or  others  during  the  entire  term  that  the  beef  was  not  good. 

Question  by  Air.  Downing:  Upon  your  investigation  that  you  speak  of, 
did  you  ascertain  that  any  beef  had  been  furnished  otherwise  than  according 
to  contract? 

Mr.  Walker:  We  did. 

Mr.  Downing : Please  state  in  what  respect. 

Mr.  Walker : I will  refer  to  a class  of  meat  called  cut  meat ; I did  not 
see  any  of  this  meat;  I understand  “cut  meat”  to  be  that  class  of  meat  left 
in  the  butcher  shop  after  the  day’s  sales  have  been  made  and  the  choice 
pieceses  disposed  of  ; they  range  in  weight  from  a few  pounds  to  ten,  to  fifty 
and  sometimes  to  150  pounds ; this  would  be  the  refuse  meats,  shank,  neck 
and  bony  pieces,  or  any  part  of  the  meat  left,  sometimes  a whole  quarter. 

Mr.  Downing:  What  years  was  that  meat  sent  in? 

Mr.  Walker:  Three  hundred  and  nineteen  days  in  the  year  1881. 

Mr.  Downing : About  what  amount  of  cut  beef  w^s  received  in  that 
time  ? 

Mr.  Walker:  About  60,000  pounds. 

Mr.  Downing:  Do  you  know  who  furnished  this  meat? 

Mr.  Walker : Our  understanding  is  that  Waddy  Thompson  furnished  it, 
and  that  he  secured  it  from  the  shop  of  NeAArton  & Son,  butchers,  at  Sedalia. 

Mr.  Downing : Do  you  know  of  any  coming  from  any  other  place  or 
source  ? 

Mr.  Walker:  Yes,  sir. 

Mr.  Downing:  Wherefrom? 

Mr.  Walker:  13,000  or  14,000  pounds  of  this  came  from  St.  Louis,  in 
the  latter  part  of  the  year. 

Mr.  Downing:  Do  you  knoAAr  who  shipped  it? 

Mr.  Walker:  Waddy  Thompson. 


13 


Mr.  Downing  : To  whom  was  it  shipped  here  ? 

Mr.  Walker : To  the  Warden  ; I don’t  know  certain,  but  I undestand  so. 

Mr.  Downing:  From  whom  did  you  learn  this? 

Mr.  Walker:  From  the  Warden. 

Mr.  Downing : Did  the  State  ever  make  a contract  with  Waddy  Thomp- 
son ? 

Mr.  Walker : Not  within  our  administration. 

Mr.  Downing : When  did  you  first  ascertain  that  any  meat  was  coming 
from  Waddy  Thompson? 

Mr.  Walker:  The  first  I knew  was  in  the  month  of  August,  1882. 

Mr.  Downing:  When  you  first  learned  this  fact,  what  did  you  do? 

Mr.  Walker:  I made  inquiries  into  the  fact. 

Mr.  Downing : Of  whom  ? 

Mr.  Walker:  I hardly  know  how  many,  but  neither  of  the  Inspectors 
or  Warden;  I first  inquired  of  the  convicts  and  got  some  information  from 
them  ; those  whose  time  dated  from  prior  to  1881,  spoke  of  the  bad  hash  during 
that  year,  while  those  who  had  come  in  since  that  time  said  it  was  good ; on 
the  occasion  when  we  (the  Inspectors)  were  taking  our  regular  round,  which 
was  about  monthly,  we  invited  the  Warden  to  go  with  us  to  Commissary 
Willis’  department,  and  he  did  so;  we  found  Peter  Willis  (a  brother  of  the 
Warden’s)  in  charge  of  the  establishment ; we  made  inquiries  into  the  man- 
ner of  keeping  the  books,  requisitions,  and  the  entries  for  the  same  ; we  then 
asked  him  how  the  supplies  came  into  his  hands  and  how  he  receipted  for  the 
same,  and  among  other  questions,  how  the  beef  came  in ; he  said  the  beef 
was  butchered  and  hung  upon  the  hooks  and  dried  sufficiently  and  then 
brought  into  his  establishment  and  weighed ; as  a rule  no  one  witnessed  the 
weighing  except  himself  and  Gordon,  the  contractor ; the  net  weight  was 
doubled  and  then  entered  as  the  gross  ’weight,  by  which  it  was  to  be  paid  for  ; 
I then  inquired  of  Peter  if  any  of  this  cut  meat  came  in  there ; he  said  no  ; 
I asked  him  if  there  had  not  been  a cask  of  cut  meat  received  during  that 
administration  and  he  answered,  no  ; I then  called  his  attention  to  the  28th 
of  August,  1881,  as  the  date  of  receipt  for  a cask  and  asked  him  to  refer  to 
his  books  and  ascertain  the  truth  of  it ; he  made  reference  and  came  to  the 
conclusion  it  did ; I don’t  know  whether  he  found  it  on  the  books  or  not,  but 
after  looking  for  some  time  he  said  it  did ; I asked  him  if  there  were  not  two 
casks,  and  he  said  he  was  under  the  impression  that  there  were  not ; I insisted 
that  there  was  and  he  finally  agreed  that  there  were  two — one  received  the 
next  day  ; I then  asked  is  he  had  not  received  ten  such  casks  and  he  said 
perhaps  they  had ; I asked  if  he  wouldn’t  make  it  twenty  ; he  said  not  unless 
I described  the  meat  further;  he  didn’t  know  what  meat  I referred  to  and  I 
had  better  ask  James  (meaning  the  Warden)  ; he  said  he  thought  the  In- 
spectors ought  to  know  all  about  that  without  asking  him ; we  then  pressed 


14 


it  to  a greater  number  of  barrels,  first  one  and  then  another,  and  he  gave  no 
definite  answer,  but  said  we  would  have  to  describe  it  further,  all  the  meat 
received  was  credited  up  to  Gordon,  but  if  I meant  the  Thompson  meat  he 
would  know  more  about  it.  This  was  the  first  time  I knew  that  Thompson 
had  anything  to  do  with  it ; I then  asked  the  Warden  what  Thompson  had  to 
do  with  it;  the  Warden  was  present  during  this  conversation  and  heard  all 
of  it;  he  said,  nothing  whatever ; that  all  the  meat  received  was  credited  up 
to  Gordon,  meaning  that  Thompson  had  nothing  to  do  writh  it.  The  Warden 
did  not  say  anything  while  we  were  questioning  Peter  Willis  ; we  adjourned 
at  this  time  and  when  we  assembled  at  the  Warden’s  department  the  Warden 
told  us  the  amount  of  cut  meat  that  had  been  received,  whieh  was  57,907 
pounds,  during  our  administration,  that  is,  from  January  10,  1881,  to  that 
date. 

Mr.  Downing:  What  explanation  did  the  Warden  give  of  this? 

Mr.  Walker:  He  gave  a full  account  of  how  it  came  about;  his 
explanation  was  that  wrhile  several  hundred  convicts  were  working  at  the 
Montserrat  coal  mines,  they  engaged  that  kind  of  meat  of  Newton  & Sons  of 
Sedalia,  to  feed  the  men  at  the  mines ; after  the  convicts  were  removed  from 
that  place  to  the  Penitentiary,  they  asked  to  be  allowed  to  furnish  a part  of 
that  kind  of  meat,  and  he  consented  to  it ; with  this  transfer  of  men  and 
meat,  Thompson’s  name  came  in;  about  the  time  of  the  letting  of  the  con- 
tract the  permission  was  given  the  newr  contractor,  Gordon,  to  put  in  from 
150  to  250  pounds  or  thereabouts,  daily,  of  this  cut  meat ; we  asked  Mr. 
Willis  what  price  he  agreed  to  pa}^  for  this  cut  meat  and  he  answered  “ one 
cent  less  than  he  paid  for  the  contract  meat,”  because  in  butchering  the}’ 
had  the  hide  and  tallow,  wThieh  was  counted  worth  one  cent  a pound  net ; 
that  is  to  say  that  if  a beef  nets  500  pounds,  the  hide  and  tallow  would  be 
worth  $5.00. 

Mr.  Britts:  Was  this  meat  charged  to  the  State  at  5 cents  a pound?” 

Mr.  Walker : No,  at  6 cents ; we  wTere  paying  Gordon  7 ; it  was 
charged  to  the  State  at  the  price  he  paid,  the  State  getting  the  benefit  of  the 
reduction ; we  made  inquiries  of  a number  of  parties  regarding  this  meat, 
among  them  Deputy  Warden  Bradbury,  Mr.  Lewis  (the  cook)  and  Mr.  Gor- 
don (the  beef  contractor),  which  evidence  has  been  furnished  you  and  is 
marked  “Exhibit  C.” 

While  we  were  in  the  investigation  and  Warden  Willis  was  being 
examined,  Mr.  Chappell  called  the  attention  of  the  Inspectors  and  the  War- 
den to  the  fact  that  on  a certain  da}^  in  September,  1881,  he,  Chappell,  had 
noticed  the  class  of  meat  that  was  being  received  and  remonstrated  with  the 
Warden  about  it  and  the  Warden  promised  him  that  no  more  should  be 
received. 


Mr.  Downing : When  did  Mr.  Chappell  first  speak  to  you  about  this 
information? 

Mr.  Walker:  The  day  we  made  the  examination  of  Peter  Willis  in  the 
Commissary  Department,  the  time  above  referred  to,  in  August,  1882. 

Mr.  Downing:  Did  Mr.  Chappell  make  any  statement  to  you  on  that 
day  as  to  why  he  had  not  spoken  of  this  before? 

Mr.  Walker:  Yes;  he  said  he  thought  he  had  made  satisfactory 
arrangements  for  stopping  it. 

Mr.  Downing:  What  statement  did  Mr.  Chappell  make  to  you  that  dajr 
as  to  the  quality  of  the  meat  spoken  of. 

Mr.  Walker:  He  said  it  was  not  good  ; I don’t  think  he  discussed  the 
quality  of  the  meat  far. 

Mr.  Downing:  Did  he  state  how  much  of  this  he  had  seen? 

Mr.  Walker : I understood  him  one  package. 

Mr.  Downing:  How  did  you  learn  that  after  Mr.  Chappell  discovered 
this,  the  meat  stopped  coming  from  Sedalia? 

Mr.  Walker:  From  the  parties — the  Warden,  Peter  Willis,  Gordon  and 
Lewis  (the  cook.) 

Mr.  Downing : About  what  time  did  you  say  that  cut  meat  stopped 
coming  from  Sedalia? 

Mr.  Walker:  About  September  10,  1881. 

Mr.  Downing:  You  say  Chappell’s  conversation  with  the  Warden  was 
in  September? 

Mr.  Walker:  Yes. 

Mr.  Downing : Do  you  know  when  they  commenced  getting  cut  beef 
in  St.  Louis? 

Mr.  Walker : The  last  of  October  or  the  first  of  November  of  the  same 

year. 

Mr.  Downing:  How  did  3^011  ascertain  this  fact? 

Mr.  Walker:  From  the  Warden  ; he  said  the  meat  arrived  here  without 
warning ; when  he  was  notified  that  it  was  on  the  depot  he  went  to  the  depot 
and  found  that  it  came  from  St.  Louis  and  was  sent  Ity  Waddy  Thompson 
through  Mr.  Gates. 

Mr.  Downing:  What  do  you  consider  this  quality  of  cut  meat  worth? 

Mr.  Walker:  About  two  cents  a pound  net. 

Mr.  Downing  : What  relation  is  Peter  Willis  to  the  Warden? 

Mr.  Walker : A brother  ; the  Willis  on  the  farm  is  also  a brother. 

Mr.  Downing:  Do  you  know  of  anything  else  in  relation  to  the  cut 
meat  business  that  we  should  know? 

Mr.  Walker:  L can’t  think  of  anything  except  what  is  covered  by  the 
evidence. 


16 


Mr.  Downing:  Was  Gen.  McIntyre  present  at  these  various  conversa- 
sations  in  relation  to  the  cut  meat? 

Mr.  Walker:  Yes  ; he  was  present  when  we  examined  Peter  Willis  and 
all  others  pertaining  to  this  subject. 

Mr.  McGrath : I understand  you  to  say  that  the  first  you  knew  of  this 
cut  meat  was  through  Mr.  Chappell? 

Mr.  Walker.  No,  sir. 

Mr.  Downing : In  your  investigations  there  dfd  you  find  any  other  ir- 
regularities except  those  spoken  of? 

Mr.  Walker.  We  found  irregularities  about  the  barber  shop. 

Mr.  Downing:  Please  state  the  nature  of  them. 

Mr.  Walker.  There  is  a barber  shop  in  the  second  story  of  the  round 
house,  where  three  men  are  kept,  two  as  barbers  and  hairdressers  and  one  as 
boot-black — all  called  barbers  on  the  time  table ; on  inqui^  as  to  the  amount 
of  business  done  we  were  informed  by  Capt.  Bradbury  that  there  were  about 
seventy  to  eighty  men  who  had  their  work  done  there.  You  will  find  a full 
statement  of  that  in  the  testimony  of  Ralph  Willis,  marked  “ Exhibit  D.” 

Mr.  Downing:  Were  these  men  kept  at  the  expense  of  the  State? 

Mr.  Walker:  They  were  not  hired  to  him  as  barbers  or  any  other  way. 

Mr.  Britts.  Were  they  able  bodied  convicts? 

Mr.  Walker:  They  were. 

Mr.  Edwards : In  that  examination  of  Ralph  Willis  I notice  he  said 
their  time  was  kept  as  barbers. 

(Mr.  Walker  here  showed  time  table  and  explained  it.) 

Mr.  Britts : I see  here  on  the  time  table  that  there  are  eight  men  noted 
as  “ round-gate  and  barbers,”  who  work  for  the  State.  Do  five  of  these  act 
as  barbers  for  the  convicts  and  three  for  the  officers  ? 

Mr.  Walker:  Yes;  three  of  the  eight  are  those  I refer  to. 

Mr.  Downing:  Which  of  these  different  barbershops  shave  the  con- 
victs? 

Mr.  AYalker:  There  is  no  barber  shop  for  the  convicts;  the  barbers 
take  their  stool  along'  with  them  into  the  shops  and  call  the  men  from 
their  work  and  fix  them  up  ; I consider  they  work  for  the  State  ; these  three 
barbers  do  no  other  services  than  as  barbers  in  the  shop  referred  to  for  the 
benefit  of  the  men  mentioned,  and  are  under  the  care  and  direction  of  Ralph 
Willis. 

Mr.  Downing : Who  received  the  proceeds  of  this  shop  under  the  con- 
trol of  Ralph  Willis? 

Mr.  AYalker : Ralph  Willis. 

Mr.  Downing : Can  you  state  how  much  this  would  amount  to  in  a year? 

Mr.  AYalker:  I can’t  say  exactly,  but  suppose  it  would  amount  to  $10 
or  $12  a month;  the  labor  of  an  able-bodied  convict  brings  the  State  forty- 
five  cents  a day  on  contract. 


Mr.  Downing:  When  did  you  first  learn  that  Ralph  Willis  received  the 
proceeds  of  this  shop  ? 

Mr.  Walker:  During  the  investigation. 

Mr.  Downing : Does  he  receive  the  proceeds  of  it  now  ? 

Mr.  Walker : He  does  not ; the  Inspectors  passed  a resolution  that  it 
should  be  run  as  it  had  been  done  and  a correct  account  of  tne  receipts  and 
expenditures  kept,  and  the  balance,  after  paying  expenses,  turned  over  for 
the  benefit  of  the  State. 

Mr.  Downing : What  official  position  does  Ralph  Willis  hold  in  the  Peni- 
tentiary ? 

Mr.  Walker:  He  is  chief  clerk,  by  appointment. 

Mr.  McGrath:  How  appointed? 

Mr.  Walker : By  the  Warden,  subject  to  the  approval  of  the  Inspectors. 

Mr.  Downing:  What  relation  is  Ralph  Willis  to  the  Warden? 

Mr.  Walker:  He  is  a son  of  the  Warden. 

Mr.  Downing : What  are  the  duties  of  the  Inspectors  of  the  Peniten- 
tiary ? 

Mr.  Walker:  The  Board  of  Inspectors  have  a general  supervision  over 
the  affairs  of  the  Penitentiary ; to  make  suggestions  to  the  Warden ; to  ap- 
prove or  disapprove  the  appointment  of  certain  officers ; to  make  suggestions 
as  to  police  regulations,  and  to  hold  monthly  meetings,  keep  a minute  of  the 
proceedings,  receive  the  Warden’s  monthly  report  made  on  or  before  the  10th 
of  each  month  of  the  receipts  and  expenditures,  accompanied  by  the  Warden’s 
vouchers  for  expenditures,  receive  and  approve  the  monthly  pay-roll ; to 
view  the  number  of  names  presented  by  the  Warden  of  convicts  who  got  out 
for  the  months,  and  assess  against  those  who  have  violated  the  rules  their 
punishment ; to  approve  the  letting  of  contracts  for  beef  and  other  supplies 
of  any  considerable  amount ; to  receive  from  the  Warden  his  report  and  trans- 
mit the  same  to  the  Legislature  biennially,  and  to  appoint  a commission  to 
appraise  the  property  of  the  Penitentiary,  and  some  others  that  I may  not 
remember. 

Mr.  Downing:  Please  state  briefly  the  duties  of  the  Warden. 

Mr.  Walker:  The  Warden  has  direct  control  of  the  prison  and  pris- 
oners under  the  general  supervision  of  Inspectors  ; he  divides  the  labors  and 
attention  among  his  subordinate  officers  and  employes ; it  is  his  duty  also  to 
advertise  for  the  letting  of  contracts  for  convict  labor  and  to  let  the  same 
subject  to  the  approval  of  the  Inspectors ; to  advertise  and  receive  bids  for 
beef  and  for  other  provisions  of  any  considerable  amount,  say  about  $500 ; 
and  to  enter  into  contract  for  the  same  by  and  with  the  consent  of  the 
Inspectors ; to  make  out  his  monthly  statement  for  the  Inspectors  of  the 
receipts  and  disbursements,  with  the  vouchers,  to  deposit  receipts  with  the 
c r p — 2 


18 


Treasurer,  to  draw  liis  requisition  for  warrants  against  the  various  appro- 
priations and  receive  the  warrants  from  the  Auditor,  present  the  warrants 
and  receive  the  money  for  the  same,  which  are  in  turn  to  be  paid  for  the 
various  purposes  and  account  for  the  same ; it  is  also  his  duty  to  confer  with 
the  Inspectors  with  regard  to  all  matters  pertaining  to  the  institution ; he 
can  make  contracts,  independent  of  the  Inspectors,  for  supplies  to  the  value 
of  less  than  $500,  but  none  to  exceed  that. 

Mr.  Downing:  How  often  did  yon,  as  Inspectors,  visit  the  Penitentiary 
and  hold  stated  meetings? 

Mr.  Walker:  We  aimed  to  hold  them  once  a month,  but  1 think  it 
occasionally  happened  that  there  was  more  time  than  a month  between 
meetings. 

Mr.  Downing : Did  you  hold  these  meetings  spoken  of  at  the  Peniten- 
tiary ? 

Mr.  Walker:  We  did. 

Mr.  Downing:  Have  you  a record  of  these  meetings? 

Mr.  Walker:  Not  all  of  them;  it  oftentimes  happened  that  we  felt 
there  was  no  special  necessity  for  the  meeting  to  pass  a resolution  or  make 
an  order  and  no  minutes  were  made. 

Mr.  Downing : When  did  you  hold  your  last  regular  meeting  at  the 
Penitentiary,  prior  to  the  18th  of  August,  1882? 

Mr.  Walker:  I cannot  answer. 

Mr.  Downing:  Did  you  hold  a regular  meeting  at  the  Penitentiary 
between  June,  1881,  and  August,  1882,  such  as  is  required  by  law? 

Mr.  Walker:  Yes,  sir,  we  did. 

Mr.  Downing:  Have  you  a record  of  any  such  meeting? 

Mr.  Walker:  There  was  no*record  made  during  that  time. 

Mr.  Downing:  Do  you  make  a record  of  your  monthly  meetings  or 
visits  as  required  by  law  ? 

Mr.  Walker : If  there  is  business  of  much  importance  transacted,  we  do. 

Mr.  McGrath : What  do  you  mean  by  business  of  “much  importance  ?” 

Mr.  Walker : If  it  is  to  change  an  order  or  to  approve  or  disapprove 
of  anything  that  is  going  on  I would  call  it  of  importance. 

Mr.  Downing : About  what  are  the  monthly  receipts  and  expenditures 
of  the  Penitentiary  ? 

Mr.  Walker:  It  run  from  $7,000  to  $8,000  and  $9,000  after  the  dis- 
posal of  the  broom  factory;  prior  to  that  time  it  averaged  about  $12,000. 

Mr.  Downing:  Did  you  or  not,  between  the  time  stated  above,  June, 
1881,  and  August,  1882,  at  any  of  these  stated  meetings  or  visits,  investigate 
the  accounts  of  purchases,  bills  or  invoices  or  sales  on  account  of  said 
Penitentiary. 

Mr.  Walker : I think  we  did  not. 


19 


Mr.  Downing:  Were  not  these  matters  of  importance? 

Mr.  Walker:  They  were. 

Mr.  Downing:  Did  you  at  any  time  within  the  dates  above  specified,  at 
the  Penitentiary,  enquire  into  matters  connected  with  the  Government,  dis- 
cipline and  police  regulations  of  the  Penitentiary? 

Mr.  Walker:  I can’t  call  to  mind  any  occasion  that  we  did. 

Mr.  Downing:  Did  you,  within  the  time  above  specified,  at  an}T  of 
your  meetings  at  the  Penitentiary,  enquire  as  to  the  employment  of  the  con- 
victs at  the  Penitentiary  ? 

Mr.  Walker:  We  did  not;  the  most  of  the  talk  about  discipline  and 
employment  took  place  at  our  office. 

Mr  Downing:  Did  you  at  any  time  within  the  dates  specified,  at  any 
meeting  at  the  Penitentiary,  enquire  into  the  money  concerns  and  contracts 
for  work? 

Mr.  Walker:  We  did  not. 

Mr.  Downing:  Did  you  at  any  meeting  at  the  Penitentiary,  enquire 
into  or  learn  of  any  alleged  misconduct  of  the  Warden  or  any  other  officer, 
or  employe  of  the  Penitentiary? 

Mr.  Walker:  We  did  not  that  I remember  of. 

Mr.  Downing:  Did  you,  as  Inspectors,  keep  regular  minutes  of  all 
your  meetings,  visits  and  proceedings  while  at  the  Penitentiary  and  sign  the 
same  ? 

Mr.  Walker:  No. 

Mr.  Downing:  Did  you  keep  any  book  at  the  Penitentiary  for  that 
purpose? 

Mr.  Walker:  We  did  not;  the  minute  book  was  kept  at  my  office  and 
was  only  at  the  Penitentiary  three  or  four  times  within  the  two  years. 

Mr.  Downing*:  Did  you,  within ' the  time  specified,  make  any  enquiry 
at  the  meetings  at  the  Penitentiary,  with  regard  to  the  treatment  of  the  pris- 
oners, their  food,  or  clothing? 

Mr.  Walker:  The  clothing  question  was  discussed  once  at  the  Peniten- 
tiary, but  the  real  transaction  took  place  at  our  office. 

Mr.  Downing:  How  did  you  come  to  make  an  examination  of  these 
things  after  the  18th  of  August,  1882,  and  not  before? 

Mr.  Walker:  Not  a great  while  before  that,  say  in  April,  I thought 
everything  was  getting  along  nicely,  and  had  the  greatest  confidence  in  the 
Warden’s  statement  as  to  the  business  and  management  of  the  Penitentiary  ; 
the  discussion  of  the  police  regulations  and  infliction  of  punishment,  disci- 
pline, etc.,  usually  occured  once  a month  at  our  office,  and  not  at  the  Peni- 
tentiary, when  we  discussed  nearly  all  of  the  matters  asked  for  above  as  hav- 
ing taken  place  at  the  Penitentiary. 


20 


Mr.  Downing : Did  you  keep  any  record  of  any  suck  meetings  as  you 
have  just  spoken  of. 

Mr.  Walker:  We  do  not  always  enter  all  the  proceedings  on  the  minute 
book,  but  oftener  enter  the  order  on  the  list  of  prisoners  furnished  by  the 
Warden,  which  is  filed  in  our  office  as  part  of  the  records ; the  pay-roll  is  re- 
ceived, examined  and  endorsed  and  approved  in  the  same  manner  and  filed 
as  part  of  the  record,  but  is  not  always  entered  on  the  minutes ; the  state- 
ment of  the  receipts  and  expenditures  is  also  received,  approved  and  filed 
and  the  balances  entered  on  the  minute  book  each  month. 

Mr.  Downing:  Do  you  know,  of  your  own  knowledge,  during  your  ad- 
ministration, of  the  Warden  selling  or  giving  to  any  of  the  officers  or  em- 
ployes of  the  prison  any  fuel,  forage,  provisions  or  manufactured  articles 
under  his  charge  belonging  to  the  State? 

Mr.  Walker:  I do. 

Mr.  Downing:  State  what. 

Mr.  Walker:  Corn,  oats,  hay,  wood  and  coal. 

Mr.  Downing : In  what  quantities  ? 

Mr.  Walker:  In  small  quantities,  say  wood  by  the  cord  or  a few  cords, 
and  corn  by  the  bushel  or  a few  bushels. 

Mr.  Downing:  To  what  employes  or  officers? 

Mr.  Walker : I don’t  know  of  any  except  a fewr  cords  of  wood  to  St. 
Clair  Miller  and  coal  to  Dulle.  * 

Mr.  Downing:  From  whom  did  you  learn  this? 

Mr.  Walker:  From  the  Warden. 

Mr.  Downing:  Were  the  proceeds  of  these  sales  placed  to  the  credit  of 
the  State? 

Mr.  Walker:  I think  part  of  them  were,  but  I can’t  say  certainly  as  to 
the  other  part. 

Mr.  Downing : Were  these  sales  made  by  the  consent  of  the  Board  of 
Inspectors  ? 

Mr.  Walker:  They  were  not. 

Mr.  Downing : Do  you  know  of  your  own  knowledge  whether  or  not 
the  Warden  hired  out  any  of  the  convicts,  as  domestics,  to  any  person  out- 
side of  the  prison  walls? 

Mr.  Walker:  I do  not. 

Mr.  Downing:  Did  you  ever  hear  of  such. 

Mr.  Walker:  I have  not. 

Mr.  Downing : Will  you  please  state  whether  or  not  any  of  the  United 
States  prisoners  have  been  taken  from  the  Penitentiary,  and,  if  so,  the  reasons 
therefor? 


21 


Mr.  Walker:  Some  were  removed:  my  recollection  is  that  there  was  a 
difference  of  opinion  as  to  what  they  should  pay  for  the  keeping  of  them,  but 
I don’t  know  that  that  was  the  reason. 

Mr.  McGrath : What  property  has  the  State  bought  or  rented  during 
your  administration? 

Mr.  Walker:  We  have  rented  a farm,  called  the  State  farm. 

Mr.  McGrath : From  whom  did  you  rent  it. 

Mr.  Walker : From  Mr.  Chappell. 

Mr.  McGrath:  How  long  have  you  been  renting  it? 

Mr.  Walker:  We  have  rented  it  for  two  years,  1881  and  1882. 

Mr.  McGrath  : What  rent  do  yo  pay  for  that  farm  ? 

Mr.  Walker:  Four  dollars  and  a half  an  acre. 

Mr.  McGrath : How  many  acres  are  there  ? 

Mr.  Walker:  One  hundred  and  seventy  or  seventy-five. 

Mr.  McGrath  : What  use  is  made  of  that  farm? 

Mr.  Walker:  To  raise  vegetables,  etc.,  for  the  Penitentiary. 

Mr.  McGrath : Is  it  known  as  the  State  farm? 

Mr.  Walker:  Yes. 

M.  McGrath : Is  it  exempt  from  taxation  ? 

Mr.  Walker:  No. 

Mr.  Downing : Was  any  of  this  farm  used  by  Mr.  Willis  for  private 

purposes. 

Mr.  Walker:  None  that  I know  of. 

Mr.  McGrath:  Have  you  heard  of  any  part  being  used. 

Mr.  Walker.  I think  not. 

Mr.  McGrath:  What  contracts  have  been  made  by  the  Warden  with 
the  approval  of  the  Inspectors  during  your  administration  ? 

Mr.  Walker:  The  beef  contracts,  the  coal  contract,  the  tanks  on  the 
Centennial  Hall,  the  brick  machine,  the  carding  and  weaving  machine  and 
others,  all  on  record. 

Mr.  McGrath:  How  are  the  contracts  for  groceries  made? 

Mr.  Walker:  Within  the  general  discretion  of  the  Warden. 

Mr.  McGrath  : Can  the  Warden  employ  and  discharge  men  without  the 
knowledge  of  the  Inspectors  ? 

Mr.  Walker:  Some  of  them  he  can,  but  not  those  whose  appointment 
must  be  approved  by  the  Inspectors. 

Mr.  McGrath : Is  that  part  of  the  Inspectors’  duty  to  examine  the  in- 
voices of  the  goods  purchased  by  the  Warden  for  the  use  of  the  Penitentiary? 

Mr.  Walker.  It  is  is  competent  for  the  Inspectors  to  ask  for  them  and 
examine  them,  but  it  is  not  necessarily  their  duty. 

Mr.  McGrath : How  often  have  you  made  such  an  examination. 


22 


Mr.  Walker:  Only  one  time;  we  have  examined  every  bill  and  pur- 
chase; this  was  during  the  examination  in  August  1882. 

Mr.  McGrath : What  means  did  the  Inspectors  adopt  at  that  time  to 
ascertain  the  value  of  the  goods? 

Mr.  Walker:  We  selected  a number  of  bills  out  of  the  whole  number 
and  compared  them  with  catalogues  of  prices,  which  Ave  obtained  from  mer- 
chants here. 

Mr.  McGrath:  What  period  of  time  did  these  purchases  cover? 

Mr.  Walker:  From  the  10th  of  January,  1881,  to  August,  1882. 

Mr.  McGrath:  How  do  you  find  those  prices? 

Mr.  Walker:  They  corresponded  well  with  those  in  the  catalogues ; the 
difference  was  so  slight  that  we  raised  no  question. 

Mr.  McGrath:  Do  you  know  of  your  own  knowledge  of  the  Warden 
having  received  a consideration  for  the  purchase  of  any  goods  for  the  Peni- 
tentiary ? 

Mr.  Walker:  I have  not. 

Mr.  McGrath : Have  you  heard  of  any  such  consideration  having  been 
paid. 

Mr.  Walker : 1 have  heard  rumors. 

Mr.  McGrath : Having  heard  those  rumors,  did  37ou  not  consider  it  as 
a part  of  your  duty,  as  one  of  the  Inspectors,  during  the  the  time  you  were 
investigating  the  affairs  of  the  Penitentiary,  to  investigate  those  rumors? 

Mr.  Walker:  I did  not  believe  them,  and,  from  the  sources  whence 
they  came,  I did  not  deem  them  worthy  of  investigation. 

Mr.  McGrath:  Did  you  not  say  that  you  only  held  regular  meetings  at 
the  Penitentiary  when  business  of  importance  was  to  be  transacted? 

Mr.  Walker:  When  business  was  of  such  a character  that  it  couldn’t 
be  done  at  the  office,  the  meetings  were  held  at  the  Penitentiary. 

Mr.  McGrath : What  did  you  say  the  monthly  expenses  were? 

Mr.  Walker:  About  $7,000  to  $8,000,  and  $9,000  after  the  sale  of  the 
broom  factory,  and  averaged  $12,000  before  that. 

Mr.  McGrath : Then  you  did  not  think  there  was  anything  of  sufficient 
importance  during  those  twelve  to  fourteen  months  to  hold  meetings,  as  con- 
templated by  law,  in  the  office  of  the  Penitentiary? 

Mr.  Walker : We  did  not ; we  thought  the  business  to  be  done  could  be 
transacted  at  the  office. 

Mr.  McGrath:  Was  the  confidence  then  that  you  had  in  the  judgment 
and  business  character  of  the  Warden  such  as  to  make  it  unnecessary  to  make 
these  monthly  examinations  and  hold  these  monthly  meetings  in  the  Peniten- 
tiary, as  required  by  law? 

Mr.  Walker:  In  my  judgment,  they  were  sufficient. 


23 


Mr.  McGrath : Do  you  know  anything  of  irregularities  of  an  immoral 
character  existing  between  the  employes  or  other  persons  with  female  convicts  ? 

Mr.  Walker : No. 

Mr.  McGrath : Have  you  heard  of  such  ? 

Mr.  Walker:  I have. 

Mr.  McGrath  : Did  you  obtain  that  information  from  any  reliable  source  ? 

Mr.  Walker:  We  thought  it  quite  riliable. 

Mr.  McGrath : What  was  the  source  from  whence  you  gained  that  in- 
formation ? 

Mr.  Walker:  From  Dr.  Winston. 

Mr.  McGrath:  Did  you  communicate  that  information  to  the  Board  of 
Inspectors? 

Mr.  Walker:  One  of  the  Board  w^as  with  me. 

Mr.  McGrath : What  action  did  the  Board  take  ? 

Mr.  Walker:  We  asked  if  there  was  any  truth  in  the  report,  and  he 
said  that  one  negro  woman,  who  was  doing  domestic  service  outside  the  walls, 
was  found  to  be  pregnant,  and  that  she  procured  an  abortion ; that  he  was 
inclined  to  the  opinion  that  it  occured  to  her  a second  time,  but  was  not  cer- 
tain ; he  said  he  knew  of  no  other  cases  whatever. 

Mr.  McGrath : Are  there  an}7  of  those  female  convicts  out  now  doing 
domestic  service,  hired  or  otherwise? 

Mr.  Walker:  There  are  four  convicts  doing  domestic  service  with  the 
Warden,  four  with  the  Deputy  Warden  and  four  at  the  Governor’s  Mansion, 
part  of  whom  are  females. 

Mr.  McGrath : What  rations  are  issued  to  those  parties  outside  the 
walls  as  domestics? 

\ 

Mr.  Walker:  The  domestics  at  Mr.  Willis’  received  the  following,  as 
per  records: 

From  January  1,  1881,  to  December  31,  1881,  beef,  2,086  1-2  pounds. 

January  1,  1882,  to  October  27,  1882,  beef,  2,130  1-2  pounds. 

January  1,  1882,  to  October  27,  1882,  mutton,  63  1-4  pounds. 

January  1,  1881,  to  December  31,  1881,  lard,  227  1-2  pounds. 

January  1,  1882,  to  October  27,  1882,  lard,  342  pounds. 

January  1,  1881,  to  December  31,  1881,  potatoes,  392  pounds. 

January  1,  1882,  to  October  27,  1882,  potatoes,  80  pounds. 

January  1,  1881,  to  December  31,  1881,  onions,  10  pounds. 

January  1,  1882,  to  October  27,  1882,  onions,  35  pounds. 

January  1,  1881,  to  December  31,  1881,  roast,  7 pounds. 

January  1,  1881,  to  December  31,  1881,  beans,  30  pounds. 

January  1,  1881,  to  December  31,  1881,  salt,  85  pounds. 

Januar}7  1,  1881,  to  December  31,  1881,  pepper,  7 pounds. 

January  1,  1882,  to  October  27,  1882,  pepper,  6 pounds. 


24 


January  1,  1881,  to  December  31,  1881,  vinegar,  12  1-2  gallons. 
January  1,  1882,  to  October  27,  1882,  vinegar,  2 gallons. 

January  1,  1881,  to  December  31,  1881,  bluing,  1 bottle. 

January  1,  1882,  to  October  27,  1882,  bluing,  3 bottles. 

January  1,  1881,  to  December  31,  1881,  lye,  1 box. 

January  1,  1882,  to  October  27,  1882,  lye,  1 box, 

January  1,  1881,  to  December  31,  1881,  molasses,  1 gallon. 

January  1,  1881,  to  December  31,  1881,  2 No.  3 lamp  chimneys. 

And  those  at  Mr.  Bradburj^’s,  the  following: 

From  January  1,  1881,  to  December  31,  1881,  beef,  984  pounds. 

January  1,  1882,  to  October  27,  1882,  beef  2,416  pounds. 

January  1,  1881,  to  December  31,  1881,  bacon,  39  1-2  pounds. 
January  1,  1882,  to  October  27,  1882,  bacon,  147  1-2  pounds. 

January  1,  1882,  to  October  27,  1882,  mutton,  89  3-4  pounds. 
January  1,  1882,  to  October  27,  1882,  pork,  12  pounds. 

January  1,  1882,  to  October  27,  1882,  beans,  10  pounds. 

January  1,  1882,  to  October  27,  1882,  salt,  10  pounds. 

January  1,  1S81,  to  December  31,  1881,  potatoes,  1,135  pounds. 
January  1,  1882,  to  October  27,  1882,  potatoes,  176  pounds. 

January  1,  1881,  to  December  31,  1881,  hominy,  5 pounds. 

January  1,  1881,  to  December  31,  1881,  onions,  42  pounds. 

January  1,  1881.  to  December  31,  1881,  corn-starch,  5 pounds. 
January  1,  1881,  to  December  31,  1881,  molasses,  1 gallon. 

January  1.  1882,  to  October  27,  1882,  molasses,  1 gallon. 

January  1,  1881,  to  December  31,  1881,  lye,  6 boxes. 

January  1,  1882,  to  October  27,  1882,  lye,  1 box. 

January  1,  1881,  to  December  31,  1881,  1 No.  2 lamp  and  burner. 

Mr.  McGrath : Are  those  domestics  out  with  the  knowledge  and  with 
the  approval  of  the  Inspectors? 

Mr.  Walker:  They  are  out  with  the  knowledge  but  not  with  the 
approval  of  the  Inspectors ; the  Warden  and  Deputy  Warden  are  entitled  to 
them  by  lawT,  but  the  Governor  not. 

Mr.  McGrath : The  Inspectors  then  have  never  taken  any  action  on 
these  domestics  so  employed? 

Mr.  Walker:  We  have  not. 

Mr.  McGrath  : I have  noticed  in  your  records  an  order  forbidding  the 
employment  o’  convicts  on  Sunday  and  would  hke  to  know  what  led  to  the 
promulgation  of  that  order. 

Mr.  Walker:  We  found  a greater  number  of  convicts  used  for  labor 
on  Sunday  than  was  necessary  and  more  than  was  proper  to  be  required  to 
labor  on  Sunday  and  forbid  it. 


25 


Mr.  McGrath:  How  many  did  you  find  working? 

Mr.  Walker:  Thirty  to  forty  and  occasionally  a greater  number. 

Mr.  McGrath:  How  did  you  find  those  convicts  employed  on  Sunday? 

Mr.  Walker:  Cleaning  boilers,  at  work  in  the  saddle  tree  shop,  and  a 
few  in  the  shoe  shops  and  some  in  the  harness  shop. 

Mr.  McGrath:  Were  they  employed  at  work  that  could  be  done  just 
as  well  at  any  other  time? 

Mr.  Walker:  I think  it  could  but  not  so  well  as  on  that  day. 

Mr.  McGrath : What  is  the  extent  of  your  knowledge  with  regard  to 
the  manner  and  mode  of  carrying  on  manufacturing  industries  with  machinery 
where  large  bodies  of  men  are  employed  ? 

Mr.  Walker:  What  I see  of  this  and  what  the  manufacturers  tell  me 
of  this  business. 

Mr.  McGrath : Have  you  conferees  on  the  board  who  know  more  of 
this  than  you  do? 

Mr.  Walker:  Not  that  I know  of. 

JOHN  WALKER. 

January  27,  1883. 

Phil.  E.  Chappell,  being  duly  sworn,  testifies  as  follows:  “I  am 
State  Treasurer  and  ex-officio  Chairman  of  the  Board  of  Inspectors  of  the 
Missouri  Penitentiary.  Our  board  was  organized  soon  after  we  came  into 
office  in  January,  1881.  We  made  monthly  visits  to  the  Penitentiary,  as  the 
law  requires,  and  as  had  been  the  custom  for  several  years.  During  these 
visits  we  looked  into  the  hospital,  cooking  department  and  the  general  po- 
lice department  of  the  prison  and  everything  else  that  we  supposed  needed 
looking  after.  We  heard  no  complaints  about  the  management  of  the  prison. 
We  made  no  examination  of  the  books  of  the  prison  for  several  months,  but 
instead  required  the  Warden  to  make  to  us  on  the  first  of  every  month  a 
statement  from  his  books,  showing  the  receipts  and  disbursements  of  the 
prison  for  the  previous  mouth,  vjjth  vouchers  for  disbursements.  These 
vouchers  we  compared  and  checked  off  with  the  statement  of  disbursements. 
In  addition  to  that  we  required  and  received  on  the  first  of  every  month  a 
trial  balance  of  the  ledger  of  the  prison.  These  statements  enabled  us  to 
tell  how  the  financial  affairs  of  the  prison  were  running  ; as  much  so  as  we 
could  have  told  by  the  books.  Things  run  on  in  this  way  and  these  monthly 
examinations  were  made  harmoniously  and  without  any  complaint  being 
made  to  the  Board  of  Inspectors  from  any  source,  up  to,  I think,  in  April, 
1882.  In  the  meantime,  on  the  9th  of  May,  1881,  the  prison  sustained  a 
loss  by  fire,  estimated  at  about  $35,000.  The  loss  by  fire  also  resulted  in  a 
loss  of  the  earnings  of  the  prison,  by  reason  of  a stoppage  of  the  labor  by 
the  contractors  whose  shops  were  destroyed.  The  expenses  of  the  prison 


26 


were  also  increased  very  largely  during  the  year  1881  and  the  early  part  of 
1882,  by  reason  of  the  drought  of  188  >,  we  having  to  pay  at  some  times  as 
high  as  $1.25  per  bushel  for  potatoes  (the  chief  article  of  food),  and  other 
vegetables  in  proportion.  I think  it  was  in  April,  1882,  about  the  time  of 
the  called  session  of  the  Legislature,  we  had  a meeting  of  the  Board,  when 
Mr.  Walker  introduced  a resolution,  requesting  or  instructing  the  Board  to 
ask  the  Governor  to  call  on  the  Legislature  to  give  us  an  appropriation  of,  I 
believe,  $30,000,  part  to  be  applied  on  putting  up  buildings  and  repairs  and 
part  to  pay  the  existing  indebtedness  of  the  prison  at  that  time,  the  prison 
having  run  behind  in  its  earnings.  We  asked  the  Warden  to  come  before  us 
and  to  give  us  his  opinion  as  to  whether  that  was  necessary  or  not.  He  stated 
that  he  thought  he  could  pull  through  the  two  years  without  any  additional 
appropriation  and  would  be  nearly  or  entirely  out  of  debt.  I think  he  esti- 
mated that  his  deficit  January  1,  1883,  would  be  about  $5,000.  I thought 
the  sum  too  small  to  call  on  the  Legislature  for,  and  believing  it  to  be  to  the 
best  interest  of  the  Democratic  party  in  the  State,  voted  against  the  resolu- 
tion asking  the  appropriation,  as  did  Gen.  McIntyre;  Mr.  Walker  voted 
for  it. 

The  last  session  of  the  Legislature  appropriated  about  $36,973  for  re- 
pairs and  improvements  and  specified  in  the  appropriation  what  repairs  and 
improvements  should  be  made.  The  destruction  of  buildings  inside  the  walls 
by  the  fire  caused  the  Inspectors  to  apply  part  of  this  sum  of  money  appro- 
priated to  the  erection  and  repairing  of  the  buildings  destroyed  by  the  fire, 
they  being  other  than  those  specified  in  the  bill  making  the  appropriation. 
We  deemed  this  absolutely  necessary  under  the  circumstances.  We  had  to 
do  this  or  call  an  extra  session  of  the  Legislature. 

The  first  time  our  attention  was  called  to  any  irregularity  about  the 
Prison,  was  in  regard  to  the  horse  question,  which  was  some  time  in  the 
spring  or  summer  of  1882.  We  noticed  the  horses  there  ourselves.  There 
was  somewhere  about  six  or  eight  horses  there,  probably  more.  On  May  6, 
1882,  the  Board  passed  a resolution  requesting  the  Warden  to  give  a state- 
ment of  the  number  of  horses,  if  any,  kept  and  fed  in  the  State  stable,  other 
than  those  belonging  to  the  State,  and  if  any,  to  whom  they  belonged.  The 
Warden  replied  on  the  22d  of  May,  as  per  letter  marked  “Exhibit  A.” 

I don’t  think  there  was  any  official  action  taken  by  the  Board  at  this 
time,  but  merely  an  informal  talking  of  the  matter  with  the  Warden. 

Question  of  Mr.  Downing:  “State  whether  or  not  there  were  any 
horses  kept  at  the  stables  at  the  State’s  expense,  other  than  those  owned  by 
the  State.” 

Mr.  Chappell:  “Capt.  Todd  kept  a horse  there  under  an  agreement 
with  the  Inspectors,  the  feed  of  the  horse  being  considered  a part  of  his 
compensation.  There  were  two  other  horses  belonging  to  the  Warden  that 


we  astertained  were  kept  there.  I think  P.  M.  Willis’  horse  was  kept  there, 
and  not  charged  for.  I believe  these  are  all  except  those  that  the  Warden 
informed  us  were  paid  for.  It  is  my  recollection  that  the  books  of  the  Pen- 
itentiary will  show  that  the  care  and  feed  of  these  horses  were  paid  for,  but 
I can’t  say  for  what  length  of  time.” 

Mr.  Downing:  “Do  you  know  of  your  own  knowledge,  of  the  Warden 
selling  or  giving  to  any  of  the  officers  or  employes  of  the  prison,  or  any  other 
person,  any  fuel,  forage,  provisions  or  manufactured  articles  under  his 
charge,  within  the  last  two  years?” 

Mr.  Chappell : I do  not. 

Mr.  Britts:  Do  the  books  of  the  Penitentiary  show  anything  of  this 
kind? 

Mr.  Chappell:  The  books  show  sales  to,  frequenly,  and  purchases  from 
contractors,  and,  if  I am  not  mistaken,  sometimes  in  small  quantities  of  fuel 
to  the  employes.  This  is  all  I know  of.  This  was  done  without  the  knowledge 
or  consent  of  the  Inspectors.  The  transactions  between  the  contractors  and 
the  Warden  were  purely  a matter  of  accommodation,  and  the  books  show 
that  no  profit  accrued  either  to  the  State  or  to  the  contractors  therein.  I 
learned  from  the  Warden  that  occasionally  in  cases  of  storm  and  difficulty  to 
get  wood,  a few  cords  were  furnished  to  some  of  the  employes  at  the  cost 
price  to  the  State. 

Mr.  Downing:  Do  you  know  of  your  own  knowledge,  whether  or  not 
the  Warden  hired  out  any  of  the  convicts  as  domestics  to  any  persons  outside 
of  the  prison  walls? 

Mr’.  Chappell : I do  not. 

Mr.  Downing:  Will  you  please  state  whether  or  not  any  of  the  United 
States  prisoners  have  been  taken  from  the  Penitential,  and  if  so,  the  reasons 
therefor. 

Mr.  Chappell:  I understood  some  of  them  were  taken,  but  I do  not 
know  the  reasons  therefor. 

Mr.  Downing:  From  whom  did  you  get  that  information? 

Mr.  Chappell : From  the  Warden. 

Mr.  Downing:  Have  you  as  Inspectors  made  any  examination  as  to  the 
cause, of  such  removal? 

Mr.  Chappell : No,  sir. 

Mr.  Downing:  State  whether  or  not  the  Warden  has  rendered  to  the 
Inspectors  a full  account  of  all  moneys  received  and  expended,  stating  on 
what  account  received  or  expended,  monthly? 

Mr.  Chappell:  He  has  rendered  the  statements  monthly,  and  I presume 
they  are  correct.  We  have  checked  off  the  receipts  with  the  disburse- 
ments, and  found  the  same  to  be  correct. 


28 


Mr.  Downing:  How  often  did  you,  as  Inspectors,  visit  the  Peniten- 
tiary ? 

Mr.  Chappell : Always  once  a month,  and  frequently  oftener. 

Mr.  Downing:  Did  you  at  such  meetings  or  visits,  inquire  and  ex- 
amine into  all  matters  connected  with  the  government,  discipline  and  police 
regulations  of  the  Penitentiary  ? 

Mr.  Chappell:  Yes,  sir. 

Mr.  Downing:  Did  you  enquire  into  the  money  concerns  and  contracts 
for  work? 

Mr.  Chappell:  We  did,  but  not  on  our  visits. 

Mr.  Downing:  Did  you  or  not,  at  these  stated  meetings,  investigate 
the  accounts,  purchases,  or  sales  on  account  of  said  Penitentiary? 

Mr.  Chappell : No,  sir  ; not  at  our  meetings  at  the  prison  ; we  made  a 
monthly  examination  at  the  capitol  of  the  receipts  and  disbursements  of  the 
previous  month  and  on  examination  also  of  the  monthly  trial  balance  of  the 
books  kept  at  the  prison,  which  gave  us  in  a concise  form  a correct  idea  of 
the  financial  management  of  the  prison. 

Mr.  Downing : Did  you  at  any  of  these  stated  meetings  hear  or  learn 
of  any  alleged  misconduct  of  the  Warden  or  any  other  officer  or  employe  of 
the  Penitentiary? 

Mr.  Chappell : No,  sir. 

Mr.  McGrath : I wish  to  know  how  many  official  meetings  you  have 
held  in  the  Penitentiary? 

Mr.  Chappell  : We  have  held  not  less  than  one  each  month,  sometimes 
more  than  that. 

Mr.  McGrath: 
kept  ? . 

Mr.  Chappell : 

Mr.  McGrath: 


Where  or  in  what  was  the  records  of  those  meetings 


They  should  be  in  the  record  book. 

Will  you  please  examine  that  book  and  see  liow  many 
official  meetings  were  held  at  the  office  of  the  Penitentiary  ? 

Mr.  Chappell:  The  records  of  the  last  meeting  that  I find  in  the 
record  book  that  was  held  at  the  Penitentiary  is  dated  June,  1881. 

Mr.  McGrath : Please  state  why  those  records  were  not  kept  after  that 
date  as  they  were  done  prior  thereto? 

Mr.  Chappell : I do  not  know  as  that  was  the  business  of  the  Secretary. 

Were  the  minutes  of  your  meetings  read  and  signed? 

I think  not. 


Mr.  McGrath: 
Mr.  Chappell : 

Mr.  McGrath : 
Mr.  Chappell: 

Mr.  McGrath:’ 


What  are  the  duties  of  Inspectors? 

They  are  set  forth  in  the  Statutes. 

In  your  official  visits  to  the  Penitentiary  have  you 


examined  the  invoices  of  goods  purchased? 


* 


29 


Mr.  Chappell:  We  made  no  examination  of  invoices  prior  to  August, 
1882,  or  about  that  time ; previous  to  that  time  the  Warden  rendered  to  us  a 
trial  balance  of  his  books  which  showed  the  financial  condition  of  the  Peni- 
tentiary at  that  time  and  also  a statement  of  the  receipts  of  the  Penitentiary 
and  disbursements;  each  disbursement  was  accompanied  by  a written 
receipt  of  the  party  to  whom  the  money  was  paid,  but  was  not  an  invoice 
and  did  not  show  the  quantity  or  cost  of  the  article  for  which  the  money 
was  paid. 

Mr.  McGrath:  Then  in  or  about  August,  1882,  you  made  an  examina- 
tion of  invoices? 

Mr.  Chappell:  Yes,  sir. 

Mr.  McGrath : What  knowledge  did  the  Inspectors  have  of  the  market 
value  of  the  goods  purchased'? 

Mr.  Chappell:  Mr.  Walker  and  myself  made  this  examination;  Mr. 
McIntyre  was  not  present ; it  required  several  days  to  make  the  examination 
of  the  books,  and  aft  we  went  through  them  we  selected  and  laid  to  one  side 
every  bill  that  we  thought  required  a close  examination;  we  then  had  a list 
made  of  these  bills  and  receipted  for*  them  and  brought  the  bills  away  from 
the  Warden’s  office  with  us ; I then  went  to  the  leading  merchants  of  the 
city,  and  got  numbers  of  “ price  currents”  showing  the  wholesale  price  of 
the  goods  that  were  purchased ; I took  them  home  and  compared  the  prices 
myself  with  the  bills  and  then  turned  the  bills  and  price  currents  over  to 
Mr.  Walker  for  examination. 

Mr.  McGrath:  How  did  you  find  those  prices  to  compare  with  the 
prices  current? 

Mr.  Chappell:  I found  them  reasonable  and  nothing  wrong  in  them. 

Mr.  McGrath:  Can  the  Warden,  in  virtue  of  his  position,  make  any 
contracts  without  the  Inspectors’  knowledge  and  approval? 

Mr.  Chappell : He  cannot,  only  in  accordance  with  section  6449. 

Mr.  McGrath:  During  the  time  that  you  have  been  President  of  this 
Board  of  Inspectors,  how  many  contracts  and  of  what  character,  has  the 
Warden  made  with  the  approval  of  the  Inspectors? 

Mr.  Chappell : The  only  contracts  I know  of  are  the  beef  contracts, 
the  farm  contract  and  the  contract  for  the  purchase  of  machinery,  all  of 
which  appears  in  the  record;  but  so  far  as  I can  remember,  the  contracts 
for  fuel  and  groceries  have  not  been  approved ; the  Inspectors  have  relied 
on  the  judgment  of  the  Warden  for  the  purchase  of  all  other  necessaries 
except  those  of  record. 

Mr.  Downing:  Please  explain  fully  the  beef  contract,  together  with 
what  you  know  of  this  cut  beef. 

Mr.  Chappell:  As  explained  in  my  former  testimony,  we  examined 
every  month  the  statements  of  the  purchases  and  money  received  for  the 


previous  month  $ these  statements  being  abstracts  from  the  books  of  the 
Penitentiary ; we  did  not  examine  the  books  of  the  Penitentiary  or  any 
invoices  of  purchases  for  eighteen  months  after  going  into  office,  hence  we 
had  no  knowledge  of  that  cut  beef  being  received  from  that  source ; but 
about  the  1st  of  September,  1881,  or  between  the  1st  and  10th,  I first  learned 
of  cut  beef  being  received  at  the  prison  and  that  it  was  shipped  from 
Sedalia ; I went  to  the  depot  and  watched  the  arrival  of  the  train ; there 
came  by  the  express  car  a barrel  about  the  size  of  a pork  barrel ; the  barrel 
had  a wooden  top  to  it  on  hinges ; I examined  the  contents  and  found  that  it 
contained  what  is  called  cut  beef,  and  ascertained  that  it  was  shipped  from 
Sedalia  to  the  Warden  of  the  Penitentiary;  I examined  the  beef;  to  all 
appearances  it  was  sound  as  far  as  I can  tell,  but  was  in  pieces  of,  I pre- 
sume, 10  to  30  pounds ; it  seemed  to  be  principally  parts  of  the  forequarters 
and  hindquarters  ; I then  went  to  see  the  Warden  and  told  him  I thought  lie 
had  better  not  receive  that  beef ; he  told  me  he  had  thought  of  discontinuing 
it  himself  and  told  me  that  no  more  of  it  should  be  received ; I went  to  the 
train  several  times  after  that  and  satisfied  myself  that  the  shipment  of  it 
was  stopped ; I did  not  speak  to  the  other  Inspectors  in  relation  to  it, 
because,  having  stopped  it,  I did  not  think  it  necessary  ; I do  not  think  the 
Warden  requested  me  not  to  say  anything  about  it : I never  knew  of  any 
other  cut  beef  being  received  there  until  the  beginning  of  the  late  investiga- 
tion by  the  Inspectors,  about  the  first  of  August,  1882  ; I then  learned,  for 
the  first  time,  that  during  the  months  of  November  and  December,  or  parts 
of  those  months,  in  1881,  cut  beef  was  shipped  to  the  prison  from  St.  Louis, 
but  that  none  had  been  shipped  from  any  direction  since  the  last  of  Decem- 
ber, 1881;  all  of  this  was  done  without  the  knowledge  or  consent  of  the 
Inspectors ; this  cut  beef  from  St.  Louis,  received  in  November  and  Decem- 
ber, 1881,  was  received  after  I had  notified  and  requested  the  Warden  not 
to  receive  any  more ; this  request  was  my  own  individual  act,  but  as  an 
Inspector ; we  gave  no  notice  as  a Board ; I own  a farm  in  Callaway  county, 
just  a little  below  and  opposite  the  Penitentiary,  known  as  the  State  farm; 
it  was  rented  to  the  State  for  the  purpose  of  raising  vegetables  for  the  use  of 
the  pfison  for  the  last  six  j^ears ; it  is  a valuable  farm,  the  land  being  very 
fertile,  and  the  price  paid  has  been  $4  an  acre  for  the  land  in  cultivation  ; 
on  this  farm  were  log  buildings  erected  especially  for  the  accommodation  of 
the  convicts  and  especially  adapted  for  their  keeping ; when  1 became  an 
Inspector,  1 called  upon  the  Governor  to  take  my  place  in  the  Board  as  an 
Inspector,  and  to  act  in  my  stead  in  renting  a farm ; I consider  $4  an  acre 
reasonable  rent  and  fully  as  low'  as  other  lands  in  the  neighborhood  w^ere 
rented  for;  the  Warden,  with  the  two  Inspectors  and  Governor,  rented  the 
farm  at  $4  an  acre  for  the  cultivated  land,  for  the  years  1881  and  1882 ; the 
lease  expired  January  1,  1883,  and  no  new  lease  has  been  entered  into ; I 


31 

have  been  on  the  farm  frequently  during  the  years  1881  and  1882,  generally 
once  a month ; I have  never  heard  of  the  convicts  disturbing  any  one  nor  of 
the  teams  or  convicts  on  this  farm  being  used  on  any  other,  nor  of  the  pro- 
duce being  diverted  to  any  other  use  than  that  of  the  State ; nd  part  of  the 
farm  was  sublet  to  any  one  else. 

During  the  investigation  by  the  Inspectors  of  the  affairs  of  the  Peni- 
tential in  the  latter  part  of  1882,  we  examined  the  hospital  and  investigated 
as  to  whether  whisky  bought  for  the  use  of  the  hospital  had  been  used  by 
any  one  except  the  patients  in  the  hospital ; we  found  no  abuse  in  this 
department ; neither  did  we  find  any  abuse  in  the  female  department,  but 
found  it  properly  conducted ; we  made  a thorough  investigation  in  every 
department  before  arriving  at  these  conclusions  ; we  also  examined  into  the 
police  regulations  of  the  Penitentiary  and  the  punishment  inflicted;  in 
several  cases  we  had  the  prisoners  take  off  their  shirts  that  we  might  more 
thoroughly  examine  the  extent  of  the  punishment ; I did  not  deem  the  pun- 
ishment more  severe  than  the  proper  management  of  the  prison  demanded  ; 
we  found  no  cases  of  extreme  cruelty ; our  instructions  to  the  Deputy 
Warden,  who  has  charge  of  the  police  department,  was  always  to  make  the 
punishment  inflicted  as  light  as  possible  consistent  with  proper  discipline ; 
there  has  been  less  whipping  done  in  the  last  two  years  than  ever  before,  so 
I am  informed ; we  made  a thorough  investigation  of  every  report  we  could 
hear  of  abuses  during  our  recent  investigation  of  the  prison  and  we  found 
no  irregularities  except  such  as  are  referred  to  in  the  sworn  testimony  taken 
during  the  investigation,  all  of  which  is  now  before  your  committee,  and  as 
stated  above. 

I want  to  explain  my  testimony  above  in  relation  to  the  record  book  and 
why  that  book  was  not  kept  at  the  prison  as  required  by  law  ; I don’t  think 
the  Inspectors  have  failed  to  hold  three  official  meetings  monthly  during  the 
years  1881  and  1882;  one  was  a visit  to  the  Penitentiary ; the  other  two 
meetings  were  held  on  the  1st  and  10th  of  each  month  at  the  capitol ; our 
visits  to  the  prison  for  the  first  18  months,  were  only  visits  of  inspection; 
all  resolutions  and  orders  and  discussions  occurred  at  our  meetings  at  the 
capitol,  which  were  held  at  the  times  as  above  stated  regularly,  for  the 
approval  of  the  pay-roll  and  the  examination  of  the  monthly  list  of  dis- 
charged convicts ; as  all  the  official  proceedings  were  performed  at  the 
capitol,  we  kept  the  record  book  there  to  save  trouble. 

So  far  as  I can  learn,  the  Warden  has  obeyed  all  of  the  orders  of  the 
Inspectors. 

PHIL.  E.  CHAPPELL. 

January  20,  1883. 


D.  H.  McIntyre,  being  duly  sworn,  testified  as  follows  : I am  Attorney- 
General  of  the  State  and  ex-officio  a member  of  the  Board  of  Inspectors  of 
the  Penitentiary ; I entered  upon  the  discharge  of  my  duties  as  Attornej^- 
General  on  the  10th  of  January,  1881,  and  the  Board  of  Inspectors 
organized  and  qualified  January  15,  1881 ; we  visited  the  Penitentiary  as 
often  perhaps  as  once  a month,  but  sometimes  I did  not  go  that  often;  our 
rule,  if  we  had  one,  was  to  go  once  a month ; the  object  of  our  visits  were 
to  examine  into  the  affairs  of  the  Penitentiary,  to  enquire  into  the  business 
management,  discipline  and  general  affairs  of  the  Penitentiary ; at  some 
visits  there  were  special  matters  to  be  looked  after ; we  visited  the  shops  and 
went  through  them,  noticing  how  the  convicts  were  employed ; I remember 
no  occasion  when  we  made  special  enquiry  as  to  how  they  were  employed 
until  in  August,  1882  ; I don’t  recollect  that  we  enquired  as  to  the  money 
concerns  or  contracts  for  work  until  the  date  above  mentioned,  August, 
1882  ; the  first  time  I recollect  of  any  examination  being  made  of  the  books 
and  enquiries  made  as  to  the  purchases  and  sales  was  in  August,  1882,  when 
I was  present;  I can’t  say  that  we  kept  regular  minutes  of  our  meetings  at 
the  Penitentiary;  Mr.  Walker  was  Secretary  of  the  board  and  my  under- 
standing was  that  what  minutes  were  kept  were  kept  by  him  ; I have  signed 
some  minutes  not  long  ago  and  I believe  the  first  I remember  of  signing ; I 
am  not  able  to  tell  when  the  other  members  of  the  Board  signed  minutes ; 
there  was  a book  in  which  the  rules  and  regulations  adopted  were  kept,  but 
my  impression  is  that  it  was  kept  at  the  Auditor’s  office  instead  of  at  the 
Penitentiary. 

Mr.  Downing : Do  you  know  of  your  own  knowledge  of  any  irregu- 
larities on  the  part  of  the  Warden  during  your  term  of  office  or  within  the 
last  two  years?  If  so,  state  fully  and  of  what  they  consisted. 

Mr.  McIntyre : I know  of  certain  so-called  irregularities,  concerning 
which  the  board  adopted  some  rules ; in  our  inquiries  into  the  Penitentiary 
we  found  that  the  Warden  had  occasionally  sold  a load  or  part  of  a load  of 
coal,  or  a load  or  part  of  a load  of  wood  or  of  hay  or  grain  to  the  con- 
tractors; that  was  explained  this  way:  If  the  Warden  had  a car  load  of 
coal  and  the  contractor  wanted  part  of  it,  the  Warden  would  allow  him  to 
take  it  and  charge  it  up  to  them  at  the  cost  price;  occasionally,  too,  when 
the  roads  were  bad,  the  Warden  has  let  an  employe  have  a cord  of  wood  at 
the  cost  price ; then  there  was  a complaint  that  there  were  a lot  of  horses 
kept  at  the  State  stable  last  spring ; Mr.  Willis  was  called  on  for  a statement 
by  the  Board  of  the  number  of  hories  kept  there ; the  report,  as  I remem- 
ber, showed  the  number  of  horses  and  to  whom  they  belonged  and  under 
what  circumstances  and  upon  what  terms  they  were  kept  there ; they  were 
horses,  as  I understood,  that  belonged  to  some  of  the  employes,  officers  and 
contractors  of  the  prison  ; whether  the  report  shows  it  or  not  I don’t  know 


33 


but  my  impression  is  that  the  books  show  they  were  charged  for  at  the  rate 
of  $10  per  month ; in  regard  to  Mr.  Tod'd’s  horse,  the  board,  I think  in  the 
spring  of  1881,  agreed  to  pay  Mr.  Todd  $1,100  per  annum  and  the  keep  of 
one  horse  at  the  State  stables ; my  understanding  was  that  he  did  not  keep  a 
horse  there  for  some  time  and  in  consideration  therefor  he  was  permitted  to 
keep  two  horses  part  of  the  time,  the  intention  being  to  make  it  equal  to  the 
keeping  of  one  horse  for  a year  ; then  there  was  some  complaint  about  some 
cows  that  were  kept  on  a pasture  there  and  were  permitted  to  come  in  and 
be  stabled  in  the  old  stable  which  stands  adjoining  the  pasture  ; we  examined 
into  that  matter  and  found  that  there  were  a lot  of  cows  kept  on  some  ground 
there,  owned  by  a non-resident,  which  had  been  rented  by  the  Warden  and 
some  of  the  contractors  and  other  parties  and  we  learned  from  the  Warden 
that  he  had  been  keeping  some  10  or  12  cows  for  the  benefit  of  the  prison, 
but  that  after  the  drouth  of  1881,  he  found  it  was  not  paying  and  he  had 
the  cows  slaughtered,  so  that  at  the  time  of,  the  investigation,  the  State 
owned  no  cows ; I can’t  say  that  there  was  any  irregularity  about  this  and  I 
don’t  consider  that  there  was  such ; the  motive  in  adopting  the  rule  pro- 
hibiting the  sale  of  anything  b^  the  Warden  to  employes,  etc.,  was  not 
because  we  thought  there  had  been  any  abuses,  but  merely  because  we 
thought  it  might  lead  to  some  abuses  and  to  stop  talk ; this  reason  might  be 
applied  to  several  of  the  rules  adopted  the  same  day ; we  corrected  the 
barber  shop  business  by  an  order ; according  to  the  testimony  we  took,  this 
abuse  had  been  existing  for  years ; the  employes  and  contractors  paid  about 
50  cents  a month  to  Ralph  Willis,  who  took  charge  of  and  conducted  the 
shop  and  received  the  benefit  of  the  surplus  income ; Mr.  Ralph  Willis 
testimony,  taken  before  the  Inspectors,  fully  covers  this  ground ; (marked 
“Exhibit  D”)  ; all  parties  agree  that  this  is  a correct  statement. 

We  took  the  testimony  of  several  witnesses  in  regard  to  the  cut  meat 
transaction.  In  the  first  place  we  took  the  verbal  statement  of  the  Warden, 
Deputy  Warden  and  eook,  and  the  matter  was  dropped  for  a few  days  when 
it  was  suggested  that  we  had  better  summons  the  witnesses  and  take  their 
testimony  down ; this  we  finally  agreed  to  and  we  did  so,  the  testimony*' 
being  taken  under  oath  in  a narrative  form ; I interrogated  the  witnesses 
and  asked  all  the  questions  that  I thought  necessary  or  proper ; they  were 
then  put  through  a thorough  cross-examination  and  I think  the  matter  was 
thoroughly  drawn  out ; of  my  own  personal  knowledge  I know  nothing  of 
the  cut  meat  business  except  what  I learned  from  the  testimony ; the  first  I 
learned  of  it  was  in  August,  1882,  when  the  Inspectors  went  to  the  prison  in 
a body  for  the  purpose,  as  I understood  it,  of  examining  the  books  of  the 
Penitentiary ; after  we  got  through  the  examination  of  the  books  in  the 


c r p — 3 


34 


Warden’s  office  we  went  to  the  Commissary’s  office;  the  Auditor  then 
commenced  an  examination  of  Peter  Willis,  regarding  the  cut  meat  business  ; 
the  Warden  was  not  present  at  first  but  came  in  shortly  and  1 believe 
answered  some  questions  which  were  asked  of  Peter  Willis ; he  finally  sug- 
gested that  we  adjourn  to  his  office,  which  we  did ; I don’t  think  there  was 
any  further  examination  at  that  time,  but  it  was  resumed  in  my  office  in  a 
few  days  ; shortly  after  this,  the  sworn  testimony  was  taken ; for  this  testi- 
mony I would  refer  you  to  the  depositions,  as  I know  nothing  of  it  except 
what  I learned  from  the  witness  ; the  cut  meat  was  bought  and  used  by  the 
W arden  without  my  knowledge  and  consent  as  an  Inspector ; and  man}T 
other  articles  were  bought  and  used  and  sold  at  the  Penitentiary  without  the 
knowledge  or  consent  of  the  Inspectors,  and  no  particular  inquiry  was  made 
in  regard  thereto ; we  depended  on  the  statement  at  the  end  of  each  month 
for  our  information  in  regard  to  those  transactions ; the  Warden  advertised 
for  bids  for  furnishing  beef  in  February,  1881  ; there  was  a contract  in 
existence  which  expired  January  1,  1 88 1 ; the  contractor,  Mr.  Gordon, 
continued  to  furnish  the  beef  until  in  February,  when  we  made  a contract 
with  him,  which  ran  for  six  months  ; this  contract  was  made  and  extended 
to  July,  when  we  made  a contract  for  a year ; by  the  terms  of  this  contract, 
we  got  the  beef  the  first  six  months  at  one  price  and  the  last  six  at  another ; 
there?  was  no  cut  beef  included  in  these  contracts  ; there  was  a difference  of 
a cent  a pound  between  the  price  paid  for  cut  beef  and  the  other  ; the  cut 
beef  business  commenced  with  the  leasing  of  convicts  at  the  Montserrat 
mines  and  continued  up  to  September,  1881  : I am  satisfied  from  the  testi- 
mony in  the  case  that  J.  K.  Willis  received  no  benefits  accruing  from  the  cut 
beef  transactions : the  account  of  the  cut  meat  was  kept  upon  the  books ; 
there  was  a large  amount  of  bacon  bought  during  the  fime  the  cut  beef  was 
being  received,  which  saved  a large  amount  for  the  State ; there  was  no 
testimony  going  to  show  that  Willis  received  any  benefit  from  the  cut  meat 
transactions ; there  has  been  a certain  amount  of  unemployed  labor  in  the 
Penitentiary  all  the  time  ; I never  visited  the  State  farm  but  once ; we  then 
found  good  crops  there  ; we  considered  the  rent  paid  reasonable  and  that  it 
was  to  the  advantage  of  the  State  to  rent  it,  and  that  it  was  a good  invest- 
ment ; I don’t  see  how  we  could  get  along  without  it ; I am  not  well  enough 
informed  to  give  any  information  regarding  the  removal  of  United  States 
prisoners  from  the  Penitentiary;  the  Warden  has  always  rendered  to  the 
Inspectors  a monthly  account  of  moneys  received  and  expended,  stating  on 
what  accounts. 

Mr.  Downing : Do  3rou  know  of  any  other  irregularities  on  the  part  of 
the  Warden,  other  than  those  referred  to  in  the  examination  above? 

Mr.  McIntyre:  I don’t  remember  any,  unless  it  would  be  working  con- 
victs on  Sunday,  if  that  would  be  called  an  irregularity  ; the  Inspectors  have 


35 


paid  some  attention  to  that  and  have  adopted  a rule  regarding  it ; the  War- 
den has  never  refused,  so  far  as  I know,  to  obey  all  rules  of  the  Inspectors, 
and  has  always  acted  with  alacrity  on  all  suggestions  of  the  Inspectors ; 
you  may  have  noticed  or  probably  will  notice  that  the  report  made  by  the 
Inspectors  is  silent  on  the  question  of  feeding  the  prisoners ; when  the 
report  was  written  it  was  agreed  to  by  a majority  of  the  Board,  but  the 
word  ufed”  was  objected  to  'by  one  member  of  the  Board,  and  it  was 
stricken  out,  not  because  a majority  believed  that  the  prisoners  were  not  well 
fed,  for  they  believe  to  the  contrary,  but  for  the  purpose  of  getting  3 
unanimous  report,  we  agreed  to  let  that  word  be  stricken  out  so  that  it 
might  be  signed  by  all  the  Board  in  the  interest  of  harmony  and  for  no  other 
reason ; and  the  same  may  be  said  to  some  extent  with  reference  to  some  of 
the  rules — that  they  were  adopted  in  the  spirit  of  concession. 

d.  h.  McIntyre. 

January  29,  1883. 

Waddy  Thompson,  being  duly  sworn,  testified  as  follows : 

1 am  48  years  old  and  reside  at  Warrensburg ; I am  a stock  dealer  and 
farmer;  I am  acquainted  with  Jas.  R.  Willis,  the  Warden  of  the  Penitenti- 
ary, and  John  W.  Gordon,  Newton  & Sons;  in  January,  1881,  I resided  at 
Warrensburg. 

Mr.  Downing : Do  you  know  anything  about  the  advertisement  and 
letting  of  the  beef  contract  by  the  Warden  for  the  Penitentiary  in  January, 
1881? 

Mr.  Thompson : Yes,  sir,  I do. 

Mr.  Downing : Please  state  all  you  know  about  that  contract. 

Mr.  Thompson : I saw  the  advertisement  and  read  it ; if  I remember  . 
right  it  was  to  supply  beef  to  the  Missouri  Penitentiary  for  one  year  ; the  ad- 
vertisement stated  that  it  was  to  be  on  foot ; I came  here  to  bid  on  it  and  did 
bid  on  it,  but  Mr.  Gordon’s  bid  was  less  than  mine  and  the  contract  was 
-awarded  to  him  ; besides  myself  Frank  Newton  and  Mr.  Gordon  had  in  bids  ; 
my  recollection  is  that  my  bid  was  $3.87 ; I don’t  know  what  the  other  bids 
we»e,  but  Newton’s  was  a little  above  that  and  Mr.  Gordon’s  a little  below. 

Mr.  Downing : State  whether  or  not  you  had  any  understanding  be- 
tween yourselves — that  is,  Waddy  Thompson,  Frank  Newton  and  John  W. 
Gordon — as  to  what  your  bids  should  be? 

Mr.  Thompson:  Yes,  sir;  we  had. 

Mr.  Downing : State  what  that  understanding  was  ? 

Mr.  Thompson : My  reccollection  is  that  the  understanding  was  that 
bids  would  not  be  less  than  3J  cents  per  pound  gross,  which  is  equal  to  7 
cents  net  for  the  quality  of  beef  advertised  for;  it  was  also  understood  be- 
• tween  us  that  the  contract  could  n’t  be  filled  for  less  than  3£  to  4 cents  per 


36 


pound  the  way  the  market  was,  and  we  all  put  in  our  bids  with  the  under- 
standing that  all  were  to  be  interested  in  the  contract  regardless  of  who  was 
the  lowest  bidder. 

Mr.  Downing : State  what  interest  each  of  you  were  to  have  in  the 
contract  ? 

Mr.  Thompson : If  there  was  any  specific  conversation  I don’t  remem- 
ber, but  it  was  understood  by  me  at  the  time  that  we  were  each  to  hold  an  in- 
terest in  it. 

Mr.  Downing : Is  it  not  a fact  that  you  were  to  receive  $50  per  month 
for  your  interest  in  the  contract? 

Mr.  Thompson  : No,,  sir  ; there  was  no  such  an  agreement  or  under- 
standing. 

Mr.  Downing:  Is  it  pot  a fact  that  you  did  receive  $600,  or  about  that 
amount,  for  your  interest  in  that  contract  that  year? 

Mr.  Thompson : I did  ; I think  it  was  $500  though  instead  of  $600,  but 
am  not  certain. 

Mr.  Britts:  This  was  independent  of  any  beef  you  furnished,  was  it? 

Mr.  Thompson : I didn’t  furnish  any  beef  at  all. 

Mr.  Downing:  Now  state  what  interest  Frank  Newton  had  in  that  con- 
tract. 

Mr.  Thompson : He  had  the  same  interest  as  either  I or  Gordon,  or  at 
least  that  was  my  undrstanding. 

Mr.  Britts : Did  he  get  the  same  amount  of  money  or  was  he  paid  in 
some  other  way? 

Mr.  Thompson : He  furnished  part  of  the  beef. 

Mr.  Downing:  Is  it  not  a fact  that  Frank  Newton  was  to  furnish  what 
is  termed  “ cut  meat,”  at  the  rate  of  200  pounds  per  day  in  the  place  of  the 
kind  of  meat  advertised  for  as  his  recompense  on  this  contract  or  undrstand- 
ing between  you  three,  and  that  profit  was  to  be  the  difference  between  the 
actual  worth  of  such  meat  and  the  kind  of  meat  advertised  for. 

Mr.  Thompson : If  there  was  any  understanding  or  agreement  before 
the  letting  of  the  contract  that  Newton  was  to  put  in  .nothing  but  cut  meat,  I 
don’t  now  remember  it. 

Mr.  Britts:  Was  there  an  understanding  before  this  or  afterwards  that 
Newton  was  to  put  in  some  cut  meat? 

Mr.  Thompson : Not  that  I know  of  before,  but  there  was  an  under- 
standing afterwards ; there  was  no  understanding  that  I ever  heard  of  that 
Newton  was  to  put  in  any  meat  for  less  than  what  it  was  worth ; Newton  and 
myself  came  here  together,  expecting  to  bid  together  and  most  of  the  con- 
versation relating  to  the  kind  of  meat  to  be  put  in,  both  before  and  after  the 
letting,  was  between  Newton  and  Gordon. 


37 


Mr.  Downing : Is  it  not  a fact  that  you  agreed  before  this  bidding  to 
take  as  your  part  «of  the  profit  $50  per  month,  to  be  paid  you  by  John  Gor- 
don, as  a bonus? 

Mr.  Thompson : I did  not. 

Mr.  Downing:  Is  it  not  a fact  that  you  did  receive  from  John  W.  Gor- 
don $600  as  a bonus  on  that  contract? 

Mr.  Thompson  : I did  receive  either  $500  or  $600  for  my  interest  in  the 
contract,  but  not  as  a bonus,  if  I understand  the  meaning  of  bonus ; the 
amount  that  I received  from  Gordon  was,  I think,  some  five  or  six  months 
after  the  contract  was  let  and  was  received  for  my  interest  in  the  contract. 

Mr.  Downing : What  did  you  furnish  to  Gordon  in  consideration  of 
this  $500  or  $600  paid  you. 

Mr.  Thompson:  I didn’t  furnish  him  anything. 

Mr.  Downing:  You  received  then  something  for  nothing.  Is  that  a 
fact  ? 

Mr.  Thompson  : Yes  ; I received  the  amount  stated  for  my  interest  in 
the  contract ; in  case  there  had  been  a loss  I would  have  been  responsible  to 
him  for  my  part. 

Mr.  Downing:  Is  the  above  your  answer  to  the  question? 

Mr.  Thompson : It  is. 

Mr.  Downing : State  whether  or  not  there  was  a loss  in  September  and 
October  and  whether  or  not  }"ou  received  any  less  those  months  than  an}" 
other  months? 

Mr.  Thompson:  If  there  was  any  loss  those  months  I don’t  know  it. 

Mr.  Downing:  Is  it  not  a fact  that  either  in  September  or  October, 
1881,  that  John  Gordon  went  to  you  and  asked  for  a reduction  on  this  bonus 
that  he  was  to  pay  you  of  $20  per  month,  stating  that  they  had  to  let  up  on 
this  cut  beef  business? 

Mr.  Thompson:  I don’t  remember  an}r  such  circumstance. 

Mr.  Downing:  Did  you,  in  September  or  October,  1881,  tell  Mr. 
Gordon  that  you  could  do  better  and  that  Col.  Gates  w'ould  furnish  the  cut 
beef  from  St.  Louis? 

Mr.  Thompson : I don’t  remember  any  such  conversation  with  Mr. 

Gordon. 

Mr.  Downing:  State  whether  or  not  you  know  when  they  quit  shipping 
cut  meat  from  Sedalia  and  commenced  shipping  it  from  St.  Louis? 

Mr.  Thompson  : It  was  some  time  in  the  fall  of  1881. 

Mr.  Downing:  State  who  was  present  at  this  bidding  in  January,  1881  ? 

Mr.  Thompson:  Frank  Newton,  John  Gordon  and  m}rself,  Mr.  Willis, 
Mr.  Willis’  son  and  I think  two  or  three  others  whose  names  I can’t  call ; I 
think  Mr.  Sinclair  or  Mr.  Rickey  one  was  present. 


38 


Mr.  Downing:  State  whether  or  not  you  made  the  Warden  acquainted 
with  your  understanding  either  before  or  after  the  bidding  in  January,  1881? 

Mr.  Thompson  : 1 did  not. 

Mr.  Downing : Have  you  at  any  time  within  the  last  two  years  had  any 
conversation  with  the  Warden  concerning  the  understanding  that  you  three 
bidders  had? 

Mr.  Thompson:  I have  not;  after  this  bid  was  put  in,  Mr.  Willis  told 
me  that  he  wouldn’t  accept  the  bid  and  I asked  him  his  reasons  for  not  doing 
it  and  he  said  it  was  too  high ; we  had  some  conversation  then  about  the 
price  of  cattle  and  what  the  contract  could  be  supplied  for ; I felt  solicitous 
that  he  would  accept  the  contract,  being  interested  in  it,  but  at  the  time  of 
this  conversation,  tried  to  conceal  that  from  him ; after  some  ten  days  or 
two  weeks  the  bid  was  modified  by  Mr.  Gordon,  in  some  way,  I don’t  know 
just  how  now,  and  the  contract  entered  into  ; my  recollection  is  that  Gordon’s 
bid  was  S3. 77  for  the  year;  that  Mr.  Willis  and  Mr.  Gordon  agreed  that  he 
would  pay  3 1-2  for  the  first  six  months  and  4 for  the  next  six  months ; in  a 
conversation  with  Mr.  Willis  and  Mr.  Gordon,  I stated  that  Mr.  Willis  had 
got  the  best  of  him  in  that,  as  I thought  Mr.  Willis  would  use  beef  pretty 
near  all  together  during  that  first  six  months  and  then  would  use  pork,  what 
we  call  shoulders,  during  the  pork  season,  which  he  could  buy  for  much  less 
than  he  could  the  beef,  and  that  during  the  last  six  months  he  would  use  but 
very  little  beef ; Mr.  Willis  told  me  he  would  not  have  made  this  contract, 
but  the  Inspectors  forced  him  to ; he  may  not  have  used  the  word  forced, 
but  may  have  said  the  Inspectors  awarded  the  contract ; the  parties  interested 
in  the  bidding  for  this  contract  were  John  Gordon,  Frank  Newton  and 
myself. 

Mr.  Downing : By  what  authority  and  by  whose  consent  was  cut  beef 
furnished,  if  any? 

Mr.  Thompson:  By  Mr.  Willis’,  I suppose. 

Mr.  Downing:  When  did  you  first  learn  that  cut  beef  was  being 
furnished  ? 

Mr.  Thompson:  I can’t  fix  the  date  now,  but  it  was  not  long  after 
fixing  the  contract. 

Mr.  Downing:  Was  Mr.  Willis  personally  consulted  about  this? 

Mr.  Thompson : Not  by  me  he  wasn't,  that  I now  remember. 

Mr.  Downing:  Was  cut  beef  furnished  on  this  contract? 

Mr.  Thompson:  Yes,  sir.  it  was. 

Mr.  Downing:  By  whom  was  it  furnished?  ( 

Mr.  Thompson : Some  of  it  was  furnished  by  Newton  from  Sedalia  and 
some  of  it  by  Col.  Gates  from  St.  Louis. 

Mr.  Downing:  Did  you  have  anything  to  do  with  the  furnishing  of 
cut  beef? 


39 


Mr.  Thompson:  Yes,  sir;  I had  something  to  do  with  sending  the  cut 
beef  that  came  from  St.  Louis. 

Mr.  Downing:  State  what  connection  you  had  with  it? 

Mr.  Thompson : After  Newton  stopped  furnishing  it  I . made  arrange- 
ments with  Col.  Gates  in  St.  Louis. 

Mr.  Downing:  State  what  arrangements  you  made  with  Col.  Gates. 

Mr.  Thompson:  I made  arrangements  with  him  to  send  about  the 
same  amount  that  Mr.  Newton  was  to  send — about  200  pounds  a day.  I had 
consulted  Mr.  Newton  before  seeing  Col.  Gates.  I told  Col.  Gates  to  make 
the  best  arrangements  he  could,  there  stated  to  him.  I think  that  the  price 
paid  here  was  six  cents.  If  there  was  any  contract  between  Col.  Gates  and 
I,  I can’t  remember  it.  I believe  we  were  to  pay  him  either  five  or  five  and 
one-half  cents,  delivered  on  the  cars  in  St.  Louis. 

Mr.  Downing:  Was  Col.  Gates  inierested  in  the  Gordon  contract? 

Mr.  Thompson:  Col.  Gates  was  not  interested  in  the  Gordon  contract. 

Mr.  Downing : To  whom  was  that  meat  shipped  ? 

Mr.  Thompson  : I suppose  to  Mr.  Willis.  I ordered  him  to  ship  it  to 
Mr.  Willis. 

Mr.  Downing:  To  whom  was  the  meat  shipped  from  Sedalia? 

Mr.  Thompson  : I suppose  to  Mr.  Willis.  I gave  no  orders  about  that. 

Mr.  Downing : For  what  length  of  time  did  you  ship  cut  meat  from  St. 
Louis? 

3Ir.  Thompson  : I don’t  remember,  probably  two  months. 

Mr.  Downing : State  now  when  you  commenced  shipping  from  St. 
Louis  and  when  you  quit? 

Mr.  Thompson  : I can’t  fix  the  date,  only  it  was  some  time  in  the  fall 
of  1881. 

Mr.  Downing:  When  did  you  quit? 

Mr.  Thompson  : I can’t  say. 

Mr.  Downing : How  much  cut  meat  was  shipped  from  St.  Louis  alto- 
gether ? 

Mr.  Thompson : 1 don’t  know ; I think  I have  a statement  from  Col. 

Gates  at  home,  showing  the  amount  shipped,  and  also  showing  the  amount 
of  money  which  he  had  received,  and  the  amount  of  loss  to  me,  but  I don’t 
remember  how  much.  * 

Mr.  Downing : Can  you  state  about  how  much  ? 

Mr.  Thompson:  My  recollection  is  that  he  was  to  ship  about  200 
pounds  a day,  and  if  he  shipped  for  60  days  it  would  be  about  12,000  pounds 
of  meat. 

Mr.  Downing:  What  was  the  cause  of  you  changing  your  shipments 
from  Sedalia  to  St.  Louis? 


40 


Mr.  Thompson : I think  Mr.  Willis  and  Mr.  Newton  were  both  dissatis- 
fied with  it.  Mr.  Willis  was  dissatisfied  with  the  meat  and  Mr.  Newton,  be- 
cause a good  deal  of  it  had  spoiled  on  the  way. 

Mr.  Downing : Did  you  have  any  conversation  with  Col.  Willis,  the 
Warden,  at  any  time  during  the  year  1881,  about  this  cut  beef,  either  from 
St.  Louis  or  Sedalia?  If  so,  state  what  that  conversation  was? 

Mr.  Thompson:  I had  a conversation  with  Mr.  Willis  in  St.  Louis 
during  the  fall — I think,  during  the  fair.  The  substance  of  the  conversation 
w'as  that  he  had  had,  and  was  having,  a good  deal  of  trouble  about  the  net 
beef  that  was  being  sent  to  him,  on  account  of  so  much  of  it  being  spoiled  on 
account  of  the  delay  in  freights. 

Mr.  Downing : Did  you  have  any  other  conversation  with  him  about  the 
cut  beef  at  any  other  time? 

Mr.  Thompson:  I may  have  had,  but  don’t  remember  any  other. 

Mr.  Downing : When  was  this  conversation  you  had  in  St.  Louis  with 
reference  to  the  time  you  commenced  shipping  from  St.  Louis? 

Mr.  Thompson : I think  it  was  after  Col.  Gates  commenced  shipping 
from  St.  Louis,  but  how  long  I don’t  know. 

• Mr.  Downing : Describe  the  quality  of  this  cut  meat,  as  to  what  it  ton- 
sisted  of. 

Mr.  Thompson  : My  understanding  of  it  was  that  it  was  to  be  all  the 
beef,  or  nearly  all  of  the  beef,  except  the  loins,  the  forequarters  and  what  is 
known  and  called  three-rib  chuck  by  the  butchers  and  that  part  known  as 
rump  steak ; I never  saw  the  beef  and  don’t  know  what  they  sent. 

Mr.  Downing : Did  Col.  Willis  have  any  interest,  directly  or  indirectly, 
in  this  St.  Louis  or  Sedalia  cut  beef  contract? 

Mr.  Thompson : No,  sir  ; except  he  was  the  contracting  party  for  the 
State. 

Mr.  Downing : When  did  you  first  commence  sending  beef  from  Se- 
dalia ? 

Mr.  Thompson  : I never  sent  any  from  Sedalia  ; Mr.  Newton  sent  that ; 
I think  it  was  soon  after  the  contract  was  awarded. 

Mr.  Downing : Did  you  have  any  interest  in  this  cut  beef  from  Se- 
dalia ? 

Mr.  Thompson:  No. 

Mr.  McGrath : When  you  first  came  to  bid  on  that  advertisement  you 
put  in  a bid  did  3rou  not? 

Mr.  Thompson  : Yes,  sir. 

Mr.  McGrath : Did  you,  Newton  and  Gordon,  or  did  you  not  enter  into 
an  agreement  that  Gordon’s  bid  should  be  the  lowest. 

Mr.  Thompson : I don’t  think  there  was  any  such  agreement ; it  is 
clear  now  to  my  mind  that  we  had  no  such  agreement. 


41 


Mr.  McGrath  : What  was  jour  interest  in  a contract  in  which  }rou  were 
no  party  to  the  making  of? 

Mr.  Thompson:  Gordon,  myself  and  Newton  were  to  be  equally  inter- 
ested in  this  contract ; as  I have  before  stated,  it  mattered  not  whose  bid  got 

it. 

Mr.  McGrath : How  much  money  or  cattle  was  it  your  part  of  that 
agreement  to  put  into  it  for  the  purpose  of  carrying  out  that  contract  with 
the  State? 

Mr.  Thompson : I considered  that  I had  a right  to  put  in  one-third  of 
the  cattle. 

Mr.  McGrath : Did  3’ou  consider  that  Newton  & Sons  had  the  same 
right  ? 

Mr.  Thompson:  Yes,  I did. 

Mr.  McGrath:  Did  Mr.  Gordon  have  the  same  right? 

Mr.  Thompson : That  was  my  understanding. 

Mr.  McGrath : Did  you  or  did  you  not  understand  that  each  of  you 
wras  to  have  an  equal  interest  in  that  contract  ? 

Mr.  Thompson : I did  so  understand  it. 

Mr.  McGrath:  When  the  contract  was  made  with  Mr.  Gordon  and  the 
State  did  you  fulfill  your  part  of  that  obligation? 

Mr.  Thompson : I did  nothing  about  it,  but  was  ready  to  do  it  all  the 
time. 

Mr.  McGrath : What  was  to  be  your  consideration  and  compensation 
for  your  third  interest  in  that  contract? 

Mr.  Thompson : Whatever  profit  I might  be  able  to  make  on  whatever 
cattle  I might  put  in. 

Mr.  McGrath : How  many  cattle  did  you  put  in? 

Mr.  Thompson:  I did  not  put  in  any. 

Mr.  McGrath : As  you  did  not  put  in  any  cattle,  please  tell  me  what 
profits  you  would  be  entitled  to  under  this  contract  where  you  had  a third 
interest? 

Mr.  Thompson  : Just  what  my  profit  would  have  been  had  I put  in  one- 
third  of  the  cattle,  less  the  expense  and  labor  of  getting  them  here. 

Mr.  McGrath : How  much  money  did  3^011  receive  in  consideration  of 
your  third  interest? 

Mr.  Thompson  : Either  $500  or  $600. 

Mr.  McGrath:  From  whom  did  you  receive  that? 

Mr.  Thompson  : John  Gordon. 

Mr.  McGrath : Do  you  not  consider  that  a pretty  profitable  contract, 
when  you  supply  neither  mone3r  or  material  and  yet  derive  a profit  of  $500 
or  $600? 


Mr.  Thompson:  Yes,  sir;  it  might  be  considered  so,  but  I have  made 
a great  deal  more  money  with  less  work. 

Mr.  McGrath  : Please  tell  this  committee  what  work  you  performed? 

Mr.  Thompson : The  first  thing  I did  was  to  bring  a check  here  for 
$1,000  and  put  in  my  bid ; I believe  I made  one  or  two  trips  to  see  Mr.  New- 
ton, too,  and  I think  I made  one  or  two  trips  to  St.  Louis  to  see  Mr.  Gates ; 
all  the  work  I did  to  entitle  me  to  the  money  was  making  the  arrangement 
that  I did  with  Gordon  and  Newton. 

Mr.  McGrath : What  labor  did  you  perform  before  the  contract  was 
made  ? 

Mr.  Thompson  : I think  I made  one  or  two  trips  to  Sedalia,  probably 
one  or  two  to  Kansas  City,  and  got  $1,000  in  exchange  on  St.  Louis. 

Mr.  McGrath : Did  you  not  state  before  that  you  had  no  pecuniary  in- 
terest in  this  contract? 

Mr.  Thompson : I stated,  or  intended  to  state,  that  I furnished  no 
money  with  which  to  carry  on  the  contract,  but  in  the  advertisement  by  Mr. 
Willis,  for  bids,  it  was  required  that  each  bid  be  accompanied  by  a certified 
check  for  $1,000.  Instead  of  accompanying  my  bid  with  the  check,  I had 
exchange  on  St.  Louis.  After  the.  bids  were  received  and  opened,  this  was 
returned  to  me. 

Mr.  McGrath:  Were  the  others  required  to  make  an  equal  deposit  with 
you  of  $1,000? 

Mr.  Thompson:  Yes,  sir. 

Mr.  McGrath:  What  were  the  objects  of  your  visits  to  Sedalia  and 
Kansas  City? 

Mr.  Thompson : My  object  in  going  to  Sedalia  was  to  see  Mr.  Newton 
about  bidding  on  this  contract,  and  to  Kansas  City  was  to  learn  the  prices 
on  futures  in  the  market. 

Mr.  McGrath:  Was  that  the  time  you  made  the  agreement  with  New- 
ton as  to  what  these  bids  should  be  ? 

Mr.  Thompson:  No,  sir. 

Mr.  McGrath:  When  was  it? 

Mr.  Thompson  : After  we  arrived  in  Jefferson  City. 

Mr.  McGrath:  Was  it  prior  to  or  subsequent  to  making  the  arrange- 
ment with  Newton,  that  you  saw  Gordon? 

Mr.  Thompson : It  was  after  I had  arranged  with  Newton  that  I saw 
Gordon  about  this  arrangement. 

Mr.  McGrath : Is  it  not  on  account  of  perfecting  this  arrangement  be- 
tween yourself  and  Newton  and  Gordon  that  you  were  to  receive  this  third 
interest  in  the  profits  of  that  contract? 

Mr.  Thompson:  No,  sir,  not  entirely  so. 


43 


Mr.  McGrath : Was  it  not  on  account  of  your  influence  in  obtaining 
that  eontract  that  you  have  this  third  interest? 

Mr.  Thompson : It  was  not. 

Mr.  McGrath : You  did  effect  the  agreement,  however,  and  did  obtain 
the  $500  or  $600? 

Mr.  Thompson:  Yes,  sir. 

Mr.  McGrath  : Who  else  was  interested  in  the  profits  of  that  contract 
besides  Thompson,  Newton  and  Gordon. 

Mr.  Thompson : No  one  else  that  I know  of. 

Mr.  McGrath:  What  interest  did  Col.  Gates  have  in  it? 

Mr.  Thompson : None  that  I know  of. 

Mr.  McGrath : Who  employed  Col.  Gates  to  furnish  that  beef  from 
St.  Louis? 

Mr.  Thompson : I did. 

Mr.  McGrath : Is  Col.  Gates  a wealthy  man  ? 

Mr.  Thompson : My  understanding  is  that  he  is  a man  of  considerable 
means. 

Mr.  McGrath : Is  Col.  Gates’  means  of  such  a character  that  he  can 
afford  to  work  for  others  without  compensation? 

Mr.  Thompson : That  I can’t  tell,  but  I suppose  if  he  should  agree  to 
do  it  he  would. 

Mr.  McGrath : Did  he  agree  to  work  for  this  concern  for  nothing  in 
furnishing  supplies  of  beef  from  St.  Louis. 

Mr.  Thompson : He  agreed  with  me  to  deliver  that  beef  on  the  ears, 
as  I have  before  stated,  for  5 or  5J  cents. 

Mr.  McGrath:  Do  you  know  what  he  paid  for  that  beef? 

Mr.  Thompson : I don’t  know. 

Mr.  Britts : Did  Col.  Willis  know  that  you  were  delivering  cut  beef  from 
Sedalia  and  St.  Louis  to  the  Penitentiary,  consigned  by  yourself? 

Mr.  Thompson : I think  he  did.  I did  not  consign  any  of  the  beef,  but 
it  was  shipped  by  Newton  and  Col.  Gates. 

Mr.  Britts:  Did  Willis  know  that  you  were  interested  in  this  contract? 

Mr.  Thompson : If  he  did  he  got  it  from  Gordon  or  Newton. 

Mr.  Britts : What  is  the  cut  meat  worth  in  the  markets? 

Mr.  Thompson:  I saw  this  meat  once  or  twice  when  it  was  shipped 
from  Sedalia ; it  was  cut  from  better  beef  than  that  used  here ; I did  not 
directly  or  indirectly  give  to  the  Warden,  or  any  one  for  him,  any  money  or 
other  valuable  thing  on  account  of  this  contract  or  on  any  other  account  or 
contract  whatever ; I generally  made  all  I could  and  kept  all  I made. 

WADDY  THOMPSON. 


January  25,  1883. 


44 


Mr.  Thompson  being  recalled,  Mr.  Downing  asked : Do  you  remember 
how  much  spoiled  cut  beef  was  charged  back  to  you  ? 

Mr.  Thompson : I don’t  know  ; it  was  charged  back  at  different  times, 
but  as  I didn’t  have  anything  to  do  with  the  accounts,  I don’t  know. 

WADDY  THOMPSON. 

January  25,  1883. 

John  W.  Gordon,  being  duly  sworn,  testified  as  follows : I am  thirty- 
seven  years  old,  reside  in  Cole  county,  ten  miles  from  this  place,  and  am  a 
farmer  and  stock  dealer  by  occupation ; I took  a contract  to  furnish  be$f  for 
the  Penitentiary  in  January,  1881,  for  six  months;  Messrs.  Newton  and 
Thompson  had  this  contract  previous  to  this  time,  and  they  were  here  on  the 
day  of  the  bidding ; we  had  some  conversation,  but  the  contract  was  awarded 
to  me  on  that  day. 

Mr.  Downing:  Who  else,  if  anyone,  was  interested  in  that  contract? 

Mr.  Gordon:  I was  to  give  Newton  and  Thompson  something  in  the 
event  of  my  getting  it. 

Mr.  Downing:  What  was  you  to  give  Newton  and  Thompson? 

Mr.  Gordon : I don’t  think  there  was  anything  definite  about  it ; I pro- 
posed if  I got  the  contract  to  give  them  an  interest  in  it ; we  had  an  under- 
standing to  this  effect  before  the  bidding. 

Mr.  Downing:  Did  you  have  an  understanding  as  to  what  each  was  to 

bidj* 

Mr.  Gordon : We  did  not. 

Mr.  Dowming : Did  you  have  a settlement  on  this  contract  with  Thomp- 
son and  Newton  after  the  bidding? 

Mr.  Gordon:  I did,  directly  after  the  bidding;  Newton  & Son  had 
been  furnishing  some  cut  meat  here ; Newton  asked  me  to  let  him  continue 
putting  in  cut  meat ; I told  him  I would  first  have  to  consult  the  Warden  and 
see  whether  he  would  let  it  come  or  not;  I consulted  the  Warden  about  it, 
and  he,  said  if  the  meat  came  up  to  the  standard  that  I was  furnishing  I 
could,  and  that  if  he  would  deliver  it  it  in  good  condition  and  at  one  cent 
less  than  they  were  paying  me,  he  would  consider  it  no  detriment  to  the 
State  ; Newton  agreed  to  make  it  that  way  and  put  in  from  150  to  200  pounds 
a day,  and  agreed  to  consider  that  his  interest  in  the  concern ; it  ran  on  some 
time,  and  Mr.  Thompson  proposed  to  put  in  some  cattle,  but  I offered  to 
take  the  responsibility  and  pay  him  off ; I gave  him  either  $500  or  $600 ; I 
calculated  on  giving  him  $30  or  $40  a month ; this  was  the  contract  in  which 
Thompson  and  Newrton  had  an  interest  and  ran  from  July  1,  1881,  to  July, 
1882. 

Mr.  Downing : Did  you  testify  before  the  Board  of  Inspectors  on  Sep- 
tember, 29,  1882? 

Mr.  Gordon : I did. 


Mr.  Downing:  Didn’t  you  state  in  that  examination  that  Newton  & 
Sons,  Waddy  Thompson  and  yourself  were  the  bidders,  and  that  they  knew 
what  you  were  to  bid,  and  that  their  bids  were  to  be  higher? 

Mr.  Gordon : Not  in  those  words  ; I would  say  that  they  had  some  lit- 
tle knowledge  as  to  what  I was  going  to  bid,  or  at  least  thought  they  did,  but 
as  for  each  part}'  knowing  one  another’s  bid,  we  did  not;  the  furnishing  of 
the  cut  beef  was  commenced  soon  after  the  contract  was  made  and  wTas 
stopped  the  first  of  January,  1882,  or  before ; all  the  cut  beef  that  was 
shipped  to  the  Penitentiary  from  Sedalia  or  St.  Louis  came  before  January, 
1882  ; the  Warden  complained  to  me  of  the  beef  coming  from  Sedalia  and 
said  it  was  not  coming  up  to  the  standard ; the  contract  had  then  run  some 
two  or  three  months ; I saw  a few  lots  of  this  cut  beef ; there  were  some  lots 
of  it  that  was  very  good  along  towards  the  first,  but  along  towards  the  last  it 
was  not  so  good  and  not  wrhat  he  ought  to  furnish ; I never  saw  any  beef 
there  spoiled  myself,  but  it  came  more  scrappy  and  in  smaller  pieces  than  I 
thought  it  should  have  been  with  our  understanding ; no  spoiled  meat  was 
ever  charged  back  to  me  ; my  understanding  with  the  commissary  was  that 
whenever  any  meat  came  that  wrasn’t  good,  it  was  thrown  out  and  Mr.  New- 
ton got  credit  for  what  was  good  ; I never  had  to  account  for  any  spoiled 
meat  myself;  thej^  never  had  any  charged  on  my*  account  that  I knew  of ; the 
cut  meat  account  and  that  of  the  beef  I furnished  was  kept  separate ; the  cut 
meat  was  credited  to  me  by  Newton ; I don’t  know  that  the  Warden  spoke  to 
me  about  the  spoiled  meat  more  than  once  or  twice,  as  it  was  stopped  shortly 
after  he  complained  to  me ; Newton  & Sons’  profits  wrere  to  be  what  he  could 
make  out  of  his  meat;  Thompson’s  profit  w*as  to  be  part  of  what  I made  out 
ef  the  beef. 

Mr.  Downing:  In  the  agreement  you  had  at  the  bidding,  wasn’t  it 
agreed  that  you  was  to  give  Waddy  Thompson  $50  a month  as  a bonus,  to 
be  accounted  as  his  part  of  the  profit? 

Mr.  Gordon : It  was  not ; in  the  settlement  of  this  thing,  I aimed  to 
give  him  a bonus  of  $40  or  $50  a month  ; I think  he  expected  about  that  sum, 
but  it  was  not  definitely  fixed. 

Mr.  Downing:  Didn’t  you  state  in  your  examination  before  the  Inspec- 
tors that  Newton  was  to  furnish  the  cut  meat  as  stated,  200  pounds  per  day, 
and  was  to  have  as  his  profit  the  difference  between  the  actual  worth  of 
the  cut  beef  and  six  cents  per  pound? 

Mr.  Gordon : He  was  to  have  the  profit  on  the  cut  beef  for  his  share  of 
the  contract. 

Mr.  Downing:  Did  you  have  the  same  understanding  with  Thompson 
and  Newton  the  first  of  January  that  you  had  in  July  on  your  beef  contract? 

Mr.  Gordon : I don’t  think  it  was  exactly  the  same,  but  there  was  an 
understanding.  We  had  no  understanding  the  first  day  of  January  as  to 


4(5 


what  our  bids  should  be.  Mr.  Willis  was  not  interested  directly  or  indirectly 
in  either  of  these  contracts.  I never  gave  him  or  any  of  his  family  any  part 
of  my  profit.  I think  either  Ralph  Willis  or  the  Warden  wrote  to  Newton 
telling  him  the  meat  wasn’t  satisfactory. 

Mr.  McGrath : What  did  }^ou  do  when  you  were  notified  that  the  Sedalia 
beef  was  bad? 

Mr.  Gordon  : It  was  stopped. 

Mr.  McGrath  : Was  there  any  cut  beef  came  after  that  from  any  other 
place  than  Sedalia? 

Mr.  Gordon:  Yes.  Cut  beef  could  not  come  without  my  knowledge. 

Mr.  McGrath:  Why  did  you  have  in  your  mind  to  pay  Thompson  $45 
or  $50  a month? 

Mr.  Gordon : The  understanding  in  the  conversation  we  had  was  that 
he  should  either  put  in  a little  cattle  or  get  a bonus. 

Mr.  McGrath : What  cattle  did  he  put  in  ? 

Mr.  Gordon : He  put  in  none. 

Mr.  McGrath:  Did  he  furnish  a^y  money  to  help  carry  on  the  contrct? 

Mr.  Gordon : He  did  not. 

Mr.  McGrath:  Then  what  did  he  do  for  you? 

Mr.  Gordon:  I can’t  say  that  he  did  anything. 

Mr.  McGrath : Is  he  a relative  of  yours  ? 

Mr.  Gordon : He  is  not. 

Mr.  McGrath  : Is  he  a very  poor  man? 

Mr.  Gordon:  I don’t  know. 

Mr.  McGrath : You  didn’t  give  him  the  money  because  he  was  poor  or 
was  a relative  ? 

Mr.  Gordon : No. 

Mr.  McGrath:  Why,  then,  did  you  give  it  him?  What  did  he  do  for 
you  in  obtaining  this  contract  to  entitle  him  to  $40  or  $50  a month? 

Mr.  Gordon:  He  bid  higher  than  I did.  We  agreed  that  our  bids 
were  not  to  be  lower  than  a certain  amount. 

Mr.  McGrath : What  did  you  know  about  the  meat  that  came  from  St. 
Louis  ? 

Mr.  Gordon  : I know  that  it  didn’t  give  satisfaction. 

Mr.  McGrath : Who  first  suggested  to  you  to  get  cut  meat  from  St. 
Louis  ? 

Mr.  Gordon:  Mr.  Thompson. 

Mr.  McGrath:  Did  you  tell  the  Warden  about  that? 

Mr.  Gordon  : I did  not. 

Mr.  McGrath:  Did  Thompson  buy  that  beef  in  St.  Louis? 

Mr.  Gordon : He  contracted  with  Col.  Gates  to  do  it.  Col.  Gates  is  the 
man  I paid  the  money  to. 


47 


Mr.  McGrath : Did  Thompson  tell  you  what  arrangements  he  made 
with  Gates? 

Mr.  Gordon : No,  sir,  I paid  Gates  the  same  a pound  that  I paid  New- 
ton. It  wTas  $1.00  a hundred  less  than  I got  for  my  beef.  The  Warden 
told  me  to  stop  this  beef  coming  from  St.  Louis.  The  Warden  w'as  not  in- 
terested, either  directly  or  indirectly,  in  this  contract,  nor  his  son,  nor  any 
of  his  folks,  to  my  knowledge.  JOHN  W.  GORDON. 

January  26,  1883. 

Frank  Newton,  being  duly  sworn,  testified  as  follows : I am  a live 
stock  dealer  and  live  at  Sedalia,  Mo.  ; in  1881  I was  in  the  live  stock  busi- 
ness and  also  the  butcher  business. 

Mr.  McGrath : Do  you  remember  to  have  seen  an  advertisement  in  the 
papers  by  the  Warden  of  the  Penitentiary  for  bids  for  sup}ilying  the  Peniten- 
tiary with  beef? 

Mr.  Newton:  Yes,  sir;  there  was  an  advertisement  in  the  Sedalia  Dem- 
ocrat, I think,  in  December,  1880,  for  bids  for  furnishing  beef  for  one  year. 

Mr.  McGrath:  Do  you  remember  what  that  advertisement  called  for? 

Mr.  Newton : Good  merchantable  cattle,  on  hoof,  to  net  fifty  per  cent. 

Mr.  McGrath:  Did  you  make  a proposition  to  the  Warden  to  furnish 
that  beef? 

Mr.  Newton:  Yes,  sir ; I put  in  a bid. 

Mr.  McGrath:  Was  the  contract  awarded  to  your  firm? 

Mr.  Newton:  No,  sir.  ^ 

Mr.  McGrath : To  whom  was  it  awarded  ? 

Mr.  Newton : To  John  Gordon. 

Mr.  McGrath : Did  you  have  any  interest  in  that  contract  ? 

Mr.  Newton : I had  a slight  interest  in  it ; I had  a privilege  of  putting 
in  some  beef  on  the  contract ; Mr.  Gordon  and  myself  had  an  understand- 
ing beforehand  that — I suppose  you  might  call  it  that  we  sorter  pooled  the 
contract,  and  my  part  of  it  was  that  I was  to  put  in  some  net  beef ; w'e  wrere 
all  to  bid  for  the  contract,  and  no  matter  which  one  received  it,  I wras  to  put 
in  a part  of  cut  beef. 

Mr.  McGrath : Who  else  was  interested  in  that  contract  ? 

Mr.  Newton:  John  Gordon,  Waddy  Thompson  and  myself. 

Mr.  McGrath : Where  did  you  first  see  Thompson  with  regard  to  that 
contract  ? 

Mr.  Newton : At  the  Madison  House,  in  this  city. 

Mr.  McGrath:  Was  that  the  first  time? 

Mr.  Newton:  Yes,  sir;  we  (Gordon,  Thompson  and  myself)  met  there 
and  called  for  a room  and  went  upstairs. 

Mr.  McGrath:  Was  that  before  you  made  your  bids? 


48 


Mr.  Newton : Yes,  sir ; that  was  the  morning  before  the  bids  were 
put  in. 

Mr.  McGrath : Was  that  the  first  time  you  met  Thompson? 

Mr.  Newton : Yes,  sir. 

Mr.  McGrath:  Did  you  not  meet  Thompson  in  Sedaiia? 

Mr.  Newton : I met  him  several  times  in  Sedaiia  before  this. 

Mr.  McGrath : Did  you  have  any  conversation  with  Thompson  in  Se- 
daiia about  this  contract? 

Mr.  Newton:  I held  the  contract  at  the  time,  and  when  I met  Mr. 
Thompson  he  spoke  of  the  advertisement  and  asked  me  if  I was  going  to  bid 
for  it  again. 

Mr.  McGrath : Did  you  not  agree  with  Thompson  in  Sedaiia  to  what 
3^011  call  pool  your  issues  and  to  come  down  here  and  enter  into  an  agreement 
with  Gordon  to  pool  your  issues  ? 

M.  Newton  : No,  sir  : I came  down  here  to  put  in  a bid  and  try  to  get 
the  contract  myself. 

M.  McGrath:  How  did  you  come  to  pool  your  issues? 

Mr.  Newton:  We  were  talking  together  of  the  contract  and  some  one 
spoke  of  the  fluctuating  market  and  said  a man  ought  to  have  a good  price, 
and  that  we  might  as  well  fix  to  make  some  money  out  of  it,  and  that  he 
could  get  the  contract  so  that  a man  ought  to  make  some  money  out  of  it ; 
Gordon  said  he  didn’t  think  there  would  be  many  bids,  as  the  people  here 
were  afraid  of  it,  and  he  was  a little  afraid  of  it  himself ; about  this  time  we 
called  for  a ro#m  and  went  up  to  it  to  fix  it  up. 

Mr.  McGrath : That  was  where  you  agreed  then  that  Gordon  should  be 
the  lowest  bidder? 

Mr.  Newton : No,  sir  ; we  had  no  such  agreement. 

Mr.  McGrath : What  do  you  mean  then  by  pooling  your  issues? 

Mr.  Newton:  We  meant  this,  that  each  man  should  put  in  his  bid  at 
the  price  he  was  willing  to  supply  the  Penitentiary  at,  and  then  the  question 
came  up  that,  supposing  one  man  should  take  the  contract  lower  than  the 
other  two  would  want  to  stand  to,  and  then  we  agreed  that  whoever  the  con- 
tract was  awarded  to  should  take  it  by  himself  if  the  others  did  not  want  to 
take  part  in  it. 

Mr.  McGrath : Do  you  mean  to  state  nowT,  under  oath,  that  there  was 
no  understanding  between  you  as  to  wbat  3?-our  bids  wrere  to  be? 

Mr.  Newton:  I do,  sir. 

Mr.  McGrath : Was  it  not  a fact  that  neither  of  3^011  were  to  bid  lower 
than  3J? 

Mr.  Newton : No,  sir ; there  was  no  such  understanding  ; Mr.  Gordon 
made  the  statement  tnat  this  contract  ought  not  to  be  taken  for  less  than  3J 


49 


and  I believe  we  all  sanctioned  that,  that  it  ought  not  to  be  taken  for  less 
than  that. 

Mr.  McGrath:  State  what  extent  your  interest  was  in  that  contract? 

Mr.  Newton : My  interest  was  that  I was  to  furnish  so  much  net  meat. 

Mr.  McGrath : After  you  all  sanctioned  this  price,  how  did  you  know 
then  that  you  could  have  any  interest  in  this  contract  by  furnishing  cut  beef? 

M.  Newton : I had  been  sending  cut  meat  before  that  to  the  Peniten- 
tiary, when  the  bid  was  advertised  in  the  same  form,  and  it  hadn’t  been 
stopped,  and  I had  not  been  notified  that  it  would  be  cut  off;  in  1876  they 
had  a lot  of  convicts  at  Talmage  Station,  in  our  county,  and  they  had  some 
butchers  and  farmers  in  our  county  killing  sheep  and  calves  so  that  they 
might  have  fresh  meat,  and  it  was  a great  deal  of  annoyance  to  them,  as  they 
couldn’t  get  it  as  they  wanted ; so  they  came  to  Sedalia  to  see  us  about  send- 
ing up  meat  to  them  daily  in  quantities  to  suit  them,  and  wre  made  the  ar- 
rangement with  them ; we  continued  furnishing  this  meat,  and  on  the  strength 
of  it  we  made  contracts  with  hotels  and  restaurants  in  Sedalia,  which  enabled 
us  to  kill  more  cattle ; and  we  continued  along  up  to  the  time  that  the  pris- 
oners were  taken  away  from  there ; wdien  they  were  taken  awTay  those  con- 
tracts were  hanging  over  us  in  Sedalia,  and  to  stop  sending  this  meat  would 
put  us  in  a very  bad  situation  ; in  the  meantime  they  had  moved  the  convicts 
to  Montserrat,  and  this  was  when  they  were  moved  from  there ; we  made  our 
contracts  with  the  parties  in  Sedalia  for  one  year ; I made  the  arrangement 
with  Mr.  Willis  for  furnishing  this  meat  prior  to  1881. 

Mr.  McGrath:  Was  it  understood  between  yourself,  Gordon  and 
Thompson  that,  whoever  got  the  contract,  you  three  were  to  be  interested 
in  it? 

Mr.  Newton:  Yes,  sir;  my  part  of  the  contract  was  that  I was  to  fur- 
nish 200  pounds  of  net  meat  daily;  I don’t  know  what  Mr.  Gordon’s  and 
Mr.  Thompson’s  part  was  to  be. 

Mr.  McGrath  : How  did  you  know  that  you  would  be  permitted  to  fur- 
nish this  cut  beef? 

Mr.  Newton:  We  had  been  furnishing  the  meat  to  the  Penitentiaiy  for 
from  one  cent  to  one  and  one-fourth  cent  a pound  less  than  the  other  meat 
came  to,  and  I supposed  I could  do  so  still ; I did  not  know  positively  that  I 
could  furnish  it,  but  I took  my  chances  on  it. 

Mr.  McGrath:  How  much  of  that  cut  meat  did  you  furnish? 

Mr.  Newton : On  an  average  of  200  pounds  a day. 

Mr.  McGrath : How  long  did  you  continue  to  furnish  this  cut  beef 
after  January,  1881? 

Mr.  Newton:  Up  to  the  13th  day  of  November,  1881. 


c r p — 4 


50 


Mr.  McGrath : Who  paid  you  for  that  beef  ? 

Mr.  Newton:  Mr.  Gordon  sent  us  a draft  for  it  every  month. 

Mr.  McGrath:  What  was  Mr.  Gordon’s  bid  for  that  contract? 

Mr.  Newton:  $3.75  a hundred. 

Mr.  McGrath  : Was  that  the  price  at  which  the  contract  was  awarded? 

Mr.  Newton:  No,  sir  ; the  Warden  refused  to  award  it  because  the  bid 
was  too  high. 

Mr.  McGrath : How  long  after  these  bids  were  put  in  was  it  until  the 
contract  was  awarded? 

Mr.  Newton : I don’t  know : I went  home  the  same  day. 

Mr.  McGrath:  How  long  after  that  was  it  until  you  received  an  order 
to  commence  sending  your  meat  ? 

Mr.  Newton  : I received  no  order,  but  I never  had  stopped  sending  it 
and  continued  sending  it  up  to  November  13,  1881.  Mr.  Gordon  com" 
menced  paying  me  from  the  time  he  got  the  contract. 

Mr.  McGrath:  Were  you  present  when  the  bids  were  opened? 

Mr.  Newton  : Yes,  sir. 

Mr.  McGrath  : Where  were  the}-  opened? 

Mr.  Newton  : At  the  Warden’s  office. 

Mr.  McGrath:  Who  opened  them? 

Mr.  Newton:  Mr.  Willis,  the  Warden. 

M.  McGrath:  Who  else  was  present? 

M.  Newton:  Waddy  Thompson,  Gordon  and  some  other  parties. 

Mr.  McGrath:  Then  the  papers  were  opened  in  the  presence  of  the 
bidders : 

Mr.  Newton:  Yes,  sir. 

Mr.  McGrath:  T ien,  when  opened,  the  Warlen  said  the  price  was  too 
high  ? 

Mr.  Newton:  The  Warden  said,  ‘‘Mr.  Gordon,  I won’t  take  the  re- 
sponsibility of  letting  this  contract.  The  price  is  too  high.  I will  refer  the 
bids  to  the  Inspectors.” 

Mr.  McGrath : How  much  of  a deposit  were  you  required  to  make  by 
the  terms  of  the  advertisement  as  a guarantee  that  you  would  take  the  con- 
tract if  it  was  awarded  to  you  ? 

Mr.  Newton:  A certified  check  of  $1,000. 

Mr.  McGrath  : Do  you  remember  if  there  was  a reservation  in  that  ad- 
vertisement giving  the  Warden  and  Inspectors  the  right  to  reject  any  and  all 
bids  ? 

Mr.  Newton  : Yes,  sir. 

Mr.  McGrath:  Did  the  Warden  state  that  he  would  readvertise  for 
that  contract.  ? 

Mr.  Newton:  No,  sir. 


51 


Mr.  McGrath:  Have  you  ever  put  in  estimates  before  for  furnishing 
meat  for  the  government? 

Mr.  Newton:  Yes,  sir.  I have  been  contracting  for  years. 

Mr.  McGrath  : What  is  the  custom  on  making  awards  ? 

Mr.  Newton : It  is  owing  to  who  the  parties  are.  The  custom  is  to 
give  to  the  lowest  bidder  if  any  were  satisfactory. 

Mr.  McGrath : What  would  you  regard  the  penalty  to  be  if  you  did 
not  fulfill  the  conditions  required,  you  having  your  certified  check  on  deposit 
and  the  award  being  made  to  you. 

Mr.  Newton : I would  forfeit  the  money. 

Mr.  McGrath  : What  do  you  consider  your  rights  in  the  event  of  being 
the  lowest  bidder? 

Mr.  Newton:  Not  anything;  they  have  the  right  to  reject  any  and  all 
bids,  if  that  clause  is  in  there;  if  it  was  not,  1 would  demand  the  contract. 

cGrath : Has  it  been  your  experience,  when  the  bids  were  all  re- 
jected, that  it  was  customary  for  the  parties  to  enter  into  a private  contract 
for  a less  price? 

Mr.  Newton : I never  had  any  experience  of  that  kind  ; this  is  the  only 
instance  in  my  experience  of  that  kind. 

Mr.  McGrath:  Do  you  carry  on  a pretty  large  business? 

Mr.  Newton:  We  did  a pretty  extensive  business  when  we  were  selling 
meat. 

Mr.  McGrath : Did  you  ever  pay  commission  to  any  one  for  bringing 
trade  to  }mur  place  ? 

Mr.  Newton:  I don’t  remember  that  I ever  did. 

Mr.  McGrath : During  the  time  you  were  furnishing  the  meat  to  the 
Penitentiary  did  you  ever,  directly  or  indirectly,  give  any  money  or  other 
valuable  thing  to  the  Warden  or  any  member  of  his  family,  or  any  employe 
of  the  Penitentiary,  in  consideration  of  being  permitted  to  send  this  meat? 

Mr.  Newton:  I never  gave  the  Warden,  his  son,  his  brother,  or  any 
member  of  his  family,  nor  any  employe  or  officer  of  the  penitentiary,  as 
much  as  one  cigar. 

Mr.  Downing:  In  your  evidence  above  you  stated  you  continued  to 
send  cut  beef  until  the  13th  of  November,  and  then  stopped ; was  this  by 
direction  of  the  Warden,  or  did  you  stop  on  your  own  account? 

Mr.  Newton:  I stopped  on  our  own  account? 

Mr.  Downing:  Was  you  ever  notified  by  the  Warden,  between  the  1st 
of  February  and  the  13th  of  November,  not  to  send  any  more  cut  beef? 

Mr.  Newton:  On  several  occasions  he  told  us  that  if  the  meat  didn’t 
come  in  better  shape  we  would  have  to  stop  it ; some  of  it  was  spoilt,  and  lie 
said  he  couldn’t  receive  it  that  way ; the  complaints  were  so  frequent  that  we 
finally  stopped  it,  without  being  directed  to  do  so  by  him  ; the  spoilt  meat 

• 


52 


was  thrown  away  and  was  charged  back  to  as ; I don’t  know  how  much  the 
pieces  of  meat  would  weigh ; as  a general  thing  we  didn’t  send  whole  quar- 
ters ; the  meat  was  shipped  in  boxes  and  barrels  and  was  consigned  to  the 
Missouri  Penitentiary ; we  furnished  the  boxes  and  barrels ; in  the  summer 
time  the  barrels  had  lids  to  them  ; we  did  not  send  the  refuse  paits  of 
the  meat. 

Mr.  Britts:  Will  you  please  describe  the  meat  you  sent? 

Mr.  Newton:  We  would  take  a fore  quarter  of  beef,  cut  it  parallel 
with  the  ribs,  right  behind  the  shoulder,  cut  the  bone  out  of  the  neck  and 
saw  the  end  of  the  shank  off ; then  we  would  send  plate  pieces ; also  parts  of 
the  round  and  rump. 

Mr,  Britts : Then  I understand  that  the  choice  pieces  were  cut  out  at 
Sedalia  and  the  balance  sent  here  ? 

Mr.  Newton  : No,  sir. 

Mr.  Britts:  Then,  what  part  was  retained  at  Sedalia? 

Mr.  Newton : Some  of  the  choice  and  some  of  the  worst  pieces  were 

kept  there. 

Mr.  Britts:  What  was  the  average  price  of  this  beef  in  Sedalia? 

Mr.  Newton  : Eight  and  ten  cents  a pound  ; some  of  it  twelve  and  one 

half  cents. 

Mr.  Britts:  What  was  the  market  value  of  that  which  you  sent  here? 

Mr.  Newton ; From  six  to  nine  cents  a pound. 

Mr.  Britts : Then  I understand  that  you  was  losing  money  by  selling  it- 
to  the  State  ? 

Mr.  Newton : Yes  sir  ; that  is  the  reason  we  quit ; we  had  contracts  at 
Sedalia  with  hotels,  and  after  they  took  their  meat  we  had  more  than  we  had 
customers  for,  and  so  we  sent  it  here ; we  either  had  to  send  it  here  or  throw 
it  away  in  the  course  of  time ; that  is  the  reason  we  sold  it  so  cheap ; the 
first  thing  we  cut  in  the  morning  was  the  penitentiary  meat ; we  took  a foie 
quarter  of  beef  and  cut  it  parallel  with  the  rib  behind  the  shoulder,  take  the 
bone  out  of  the  neck,  cut  off  the  point  of  the  shank  and  put  it  on  the  scales : 
if  that  didn’t  fill  out  the  amount  we  would  cut  out  some  of  the  plate  pieces, 
and  round  and  rump  to  make  up  the  amount ; we  kept  the  loin  at  Sedalia ; I con' 
sider  the  class  of  beef  that  I furnished  here,  two  cents  a pound  better  thai 
they  furnished  here ; it  has  been  a long  time  since  I saw  a beef  killed  in  tin 
Penitentiary;  the  last  one  I saw  was  in  1880,  when  I had  the  contract  fo: 
furnishing  beef;  I can’t  state  that  I have  seen  beef  hanging  up  there  in  tin 
last  two  years. 

Mr.  Downing : If  you  have  never  seen  a beef  killed  there  in  the  las 
two  years  and  have  never  seen  any  after  it  was  killed,  how  do  you  know  any 
thing  about  the  quality  of  the  beef  they  had  there? 

• 


53 


Mr.  Nowton : I saw  the  beef  in  the  lot,  and  X can  tell  as  much  about 
them  by  that  as  if  it  was  already  slaughtered ; the  only  time  they  ever  got 
any  decent  meat  to  eat  in  the  Penitentiary,  was  when  they  got  it  in  barrels 
and  boxes  from  Newton  & Sons ; I state  this  on  my  oath ; I mean  to  my 
knowledge.  FRANK  NEWTON. 

February  1,  1883. 

Elijah  Oates,  being  duly  sworn,  testifies  as  follows : I am  55  years 
old,  reside  in  St.  Joseph,  and  am  in  the  transfer  business. 

Mr.  McGrath:  What  business  were  you  engaged  in  in  1882,  from  Jan- 
uary to  September? 

Mr.  Gates : The  commission  business  in  St.  Louis. 

Mr.  McGrath:  While  in  that  business  did  you  furnish  any  supplies  to 
the  Missouri  Penitentiary? 

Mr.  Gates  : I did  sir. 

Mr.  McGrath:  Did  you  furnish  any  supplies  during  the  year  1881? 

Mr.  MGates : Yes  sir  ; I think  we  furnished  supplies  in  December,  1881, 
and  January,  1882. 

Mr.  McGrath:  What  was  the  nature  of  those  supplies? 

Mr.  Gates:  Potatoes,  beans,  cut  beef  and  other  things,  turnips  and 
kraut ; no  groceries  that  I remember  of. 

Mr.  McGrath : When  you  say  we,  are  we  to  understand  you  had  some 
one  associated  with  3^011  ? 

Mr.  Gates:  The  firm  was  myself  and  O.  F.  Guthrie;  known  as  Elijah 
Gates  & Co. 

Mr.  McGrath : Did  you  have  a contract  with  the  State  through  an}r  of 
its  officers  for  supplying  any  of  the  goods  above  enumerated  to  the  Peni- 
tentiary ? 

Mr.  Gates : I had  no  contract  with  the  State,  but  merely  bought  goods 
on  written  orders  of  the  Warden. 

Mr.  McGrath:  What  agreement  did  you  have  with  the  Warden  as  to 
your  compensation  for  making  these  purchases? 

Mr.  Gates:  We  received  a commission  of  one  and  one-half  per  cent. 

Mr.  McGrath:  What  was  your  method  of  purchasing  those  goods? 

Mr.  Gates : We  went  around  and  found  were  could  buy  them  cheapest, 
and  there  made  our  purchases. 

Mr.  McGrath:  You  did  not  then  have  any  of  these  supplies  in  your 
own  possession? 

Mr.  Gates : No,  sir. 

Mr.  McGrath:  IIow  long  were  you  engaged  in  so  furnishing  those 
goods  ? 


54 


Mr.  Gates:  Some  eight  or  nine  months,  from  November,  1881,  to. 
July,  1882. 

Mr.  McGrath:  Hrve  you* any  idea  from  memory  as  to  the  extent  of 
your  purchases? 

Mr.  Gates:  No,  sir;  I remember  having  bought  some  four  or  five  car 
loads  of  potatoes  and  beans,  etc.,  about  a dozen  barrels. 

Mr.  McGrath  : What  was  the  extent  of  those  purchases? 

Mr.  Gates : I don’t  think  it  would  exceed  $500  a month. 

Mr.  McGrath:  When  did  you  become  interested  in  the  purchase  of 
meat  for  the  Penitentiary  ? 

Mr.  Gates:  I think  about  the  first  of  December,  1881. 

Mr.  McGrath  : Did  you  have  a contract  with  anybody  for  that  purchase  ? 

Mr.  Gates:  An  arrangement  was  made  with  our  house  by  Mr.  Waddy 
Thompson  that  we  were  to  furnish  him  so  much  cut  meat  a week  for  the 
Penitentiary  for  two  months. 

Mr.  McGrath : State,  if  you  know,  for  what  price  3^011  were  to  furnish 
that  meat  to  Mr.  Thompson? 

Mr.  Gates : From  six  to  eight  cents. 

Mr.  McGrath  : Did  your  house  have  any  agreement  with  Mr.  Thompson 
as  to  the  quality  of  that  meat? 

Mr.  Gates:  It  was  to  be  good,  sound  meat,  but  not  the  choice  parts  ; I 
never  saw  a pound  of  the  meat. 

Mr.  MGrath : What  do  yo  mean  by  stating  that  you  told  your  partner, 
Mr.  Guthrie,  when  he  spoke  to  you  about  this  meat,  that  he  could  do  as  he 
pleased  about  it? 

Mr.  Gates : I meant  this,  that  in  the  first  place,  I was  not  very  favora- 
bly  struck  with  the  idea  of  furnishing  it  to  Thompson,  and,  in  the  second 
place,  I was  afraid  the  meat  would  not  be  as  good  as  it  should  be. 

Mr.  McGrath:  From  whom  did  you  receive  your  pa}''  for  that  meat? 

Mr.  Gates:  From  Mr.  Willis,  the  Warden  of  the  Penitentiary;  a short 
time  after  we  commenced  furnishing  it,  I was  up  here  and  Mr.  Willis  and  I 
had  a conversation  with  regard  to  the  meat ; he  did  not  seem  to  like  the  idea 
of  our  sending  it,  and  spoke  as  if  he  would  like  to  have  it  stopped ; I told 
him  we  had  made  a contract  with  a party  in  St.  Louis  to  furnish  it  for  two 
months,  and  if  they  sent  such  meat  as  he  could  receive,  and  he  would  do  so, 

I would  like  to  have  him  do  it;  Mr.  Willis  said  he,  Thompson,  had  no  right  to 
send  the  meat. 

Mr.  McGrath:  When  was  it  you  had  this  conversation  with  Mr.  Willis? 

Mr.  Gates:  I think  the  second  week  in  December,  1881. 

Mr.  McGrath:  Do  you  know  if  your  house  acquainted  Mr.  Willis  with 
the  agreement  entered  into  with  Mr.  Thompson  for  this  meat? 

Mr.  Gates  : I think  not ; we  supposed  he  knew  it. 


00 


Mr.  McGrath : Then  you  did  have  the  assent  of  the  Warden  to  furnish 
it  for  two  months? 

Mr.  Gates  : Yes,  sir ; I understood  that  he  gave  his  assent ; at  least  he 
did  not  stop  the  meat. 

Mr.  McGrath  : Did  you  continue  to  .send  it  after  that  time? 

Mr.  Gates : No,  sir  ; we  only  furnished  it  for  two  months. 

Mr.  McGrath : What  months  were  those  ? 

Mr.  Gates:  December  and  January. 

Mr.  McGrath : Did  you  furnish  any  meat  after  that  time  ? 

Mr.  Gates : No,  sir. 

Mr.  McGrath : Why  did  you  stop  sending  it  then. 

Mr.  Gates : Because  we  had  only  agreed  to  supply  it  for  two  months  ; 
the  Warden  did  not  order  it  stopped. 

Mr.  McGrath  : Do  you  know  of  any  other  parties  who  furnished  bee# 
through  Thompson  after  that  two  months? 

Mr.  Gates : No,  sir,  I do  not ; I never  heard  of  any. 

Mr.  McGrath : How  did  it  happen  that  the  Warden  paid  you  and  not 
Thompson  ? % 

Mr.  Gates : It  was  because  we  did  not  want  to  take  Thompson  for  it. 

Mr.  McGrath : At  the  time  you  made  the  agreement  with  Thompson, 
did  he  give  you  any  order  on  the  Warden? 

Mr.  Gates : No,  sir,  he  did  not. 

Mr.  McGrath : It  was  with  Thompson  you  made  the  agreement,  was 
it  not? 

Mr.  Gates : Yes,  sir. 

Mr.  McGrath : Did  you  know  at  the  time  you  made  the  agreement  that 
you  wou’d  get  the  money  from  the  Warden  and  not  from  Thompson? 

Mr.  Gates:  I knew  at  the  time  that  that  was  the  agreement  between 
Mr.  Thompson  and  Guthrie,  that  the  Warden  was  to  pay  it  directly  to  us. 

Mr.  McGrath : What  means  did  your  house  take  of  obtaining  the 
Warden’s  assent  to  that  agreement? 

Mr.  Gates:  I don’t  know  as  we  ever  thought  of  that;  we  simply  sent 
the  meat  as  directed  by  Thompson. 

Mr.  McGrath : Did  you  know  Thompson  to  have  any  interest  in  that 
contract  ? 

Mr.  Gates : I did  not  until  Thompson  spoke  to  us  about  it. 

Mr.  McGrath : Then  you  merely  furnished  the  meat  on  his  order, 
without  knowing  whether  he  had  a right  to  do  it  or  not? 

Mr.  Gates:  Yes,  sir;  there  was  no  doubt  in  my  mind  but  what  he  had 
the  right ; I didn’t  question  it  at  all. 

Mr.  McGrath  : Did  your  house  have  any  previous  business  relations  with 
Thompson? 


56 


Mr.  Gates:  No,  sir;  that  is  all  the  business  relations  we  ever  had 
with  him. 

Mr.  McGrath : When  your  house  made  this  arrangement  with  Thomp- 
son, then  your  house  made  arrangements  with  one  or  more  butchers  in  St. 
Louis  to  supply  you  with  the  means  for  fulfilling  that  arrangement  with 
Thompson? 

Mr.  Gates : That  is  exactly  what  we  done. 

Mr.  McGrath : Did  you  consider  3rour  house  responsible  to  those 
butchers  for  its  contracts? 

Mr.  Gates : I did. 

Mr.  McGrath : And  what  evidence  had  you  then  that  Thompson  was 
the  proper  party  to  buy  these  supplies  for  the  Penitentiary? 

Mr.  Gates : I had  no  evidence  except  his  word. 

Mr.  McGrath : Then  you  did  take  his  word  for  the  ordering  of  the  meat  ? 

Mr.  Gates:  Yes,  sir. 

Mr.  McGrath:  But  you  did  not  take  his  word  for  the  payment  of  it? 

Mr.  Gates:  Our  understanding  was  that  the  Warden  was  to  pay  for  it. 
That  was  his  (Thompson’s)  proposition.  # 

Mr.  McGrath : If  Thompson  had  not  made  that  proposition,  what 
would  you  have  done? 

Mr.  Gates:  I don’t  know'.  I don’t  know  but  what  I would  have 
bought  it  on  Thompson’s  word,  but  the  proposition  was  not  made  that  w'ay. 

Mr.  McGrath:  Did  he  give  you  any  reason  why  the  Warden  should  pay 
it,  and  not  himself? 

Mr.  Gates:  No,  sir,  I don’t  know  that  he  did 

Mr.  McGrath:  How  did  you  make  out  your  bills  for  that  meat? 

Mr.  Gates  : We  made  it  out  to  the  Warden  of  the  Penitentiary  for  so 
much  meat  furnished. 

Mr. McGrath:  Were  you  ever  informed  of  anj^  of  that  meat  coming 
here  in  a damaged  condition? 

Mr.  Gates?  Yes,  sir,  I was. 

Mr.  McGrath:  By  whom  were  }^ou  informed? 

Mr.  Gates : I learned  it  from  the  return  of  my  bills  showing  how  much 
meat  I had  sent,  and  how  much  had  been  charged  back  as  damaged  meat. 

Mr.  McGrath:  Have  you  any  idea  as  to  the  amount  of  meat  furnished 
during  this  time  ? 

Mr.  Gates:  I don’t  know  the  amount,  but  the  bills  will  show  it.  The 
whole  money  transaction,  I think,  was  $842. 

Mr.  McGrath : Have  you  any  idea  he  w much  meat  was  damaged  dur- 
ing the  time? 

Mr.  Gates:  I can’t  state  that,  but  there  was  a considerable  quantity  of 
it  damaged  that  wre  were  charged  with. 


Mr.  McGrath : You  say  the  total  transaction  was  $840  ? 

Mr.  Gates  : I think  so,  sir. 

Mr.  McGrath : And  you  only  furnished  that  meat  for  two  months  ? 

Mr.  Gates : Yes,  sir. 

Mr.  McGrath:  Do  you  remember  what  price  per  pound  you  got  for  it? 

Mr.  Gates  : I think  it  was  from  six  to  eight  cents. 

Mr.  McGrath : Did  Thompson  tell  you  at  what  price  he  was  to  furnish 
the  meat  to  the  State  ? 

Mr.  Gates:  I don't  think  he  did. 

Mr.  McGrath : Did  you  ever  learn  from  any  source  what  contract  the 
State  had  made  with  Thompson  or  with  other  parties? 

Mr.  Gates : No,  sir. 

Mr.  McGrath:  You  did  not  know  then  that  they  were  paying  you  more 
for  the  meat  than  they  themselves  got? 

Mr.  Gates : No,  sir  ; I knew  nothing  about  what  they  were  getting. 

Mr.  McGrath : But  you  are  satisfied  that  your  price  was  from  six  to 
eight  cents  per  pound? 

Mr.  Gates : Yes,  sir. 

Mr.  McGrath : What  was  the  nature  of  }rour  contract  wfitli  the  parties 
in  St. Louis? 

Mr.  Gates : They  were  to  furnish  it  on  board  the  cars  for  from  3 J to  4 
cents  per  pound. 

Mr.  McGrath:  Who  paid  the  freight  on  it? 

Mr.  Gates:  We  paid  the  freight. 

Mr.  McGrath:  How  much  is  the  freight  per  100? 

Mr.  Gates  : I can’t  say. 

Mr.  McGrath:  Was  the  Warden  interested  directly  or  indirectly  in 
that  purchase ; did  he  have  any  pecuniary  interest  in  it? 

Mr.  Gates  : No,  sir. 

Mr.  McGrath : Do  you  know  whether  or  not  your  house  ever  paid  any 
compensation  to  the  Warden,  either  in  money  or  any  other  valuable  article, 
directly  or  indfreetly,  in  consideration  of  his  allowing  that  contract  to  stand 
between  you  and  Thompson? 

Mr.  Gates:  Neither  in  that  or  anything  else. 

Mr.  McGrath : Did  you  have  any  conversation  with  any  of  the  Inspec- 
tors on  this  beef  contract? 

Mr.  Gates:  No,  sir;  I never  had  a word  with  either  of  them. 

Mr.  McGrath : Then  you  don’t  know  that  they  had  any  knowledge  of 
this  transaction? 

Mr.  Gates:  I don’t. 

Mr.  Downing:  Did  you  make  out  a bill  for  these  shipments  of  meat? 


58 


Mr.  Gates:  Mr.  Johnson,  our  book-keeper,  attended  to  that,  and  1 
don’t  know  whether  the  bill  for  the  beef  was  made  out  separate  or  included 
with  other  articles. 

Mr.  Downing:  Were  any  bills  ever  receipted  by  you  for  cut  meat? 

Mr.  Gates:  No.  sir but  I signed  receipts  and  sent  them  back  to  the 
Warden. 

Mr.  Downing:  Please  state  where  the  bills  are,  if  any  were  ever  ren- 
dered ? 

Mr.  Gates : I think  they  are  in  my  desk  in  St.  Louis. 

Mr.  Downing:  Will  the  bills  show  the  amount  of  spoiled  meat? 

Mr.  Gates:  I think  so,  sir. 

ELIJAH  GATES. 

January  31,  1883. 

J.  B.  Tolin,  being  duly  sworn,  testifies  as  follows:  I have  charge  of 
the  Penitentiary  stables  and  have  had  charge  of  them  since  May  or  near  May, 
two  years  ago  ; I kept  the  books  of  the  stable — that  is  they  are  in  my  charge, 
but  I ha\e  a book-keeper  to  attend  to  the  work  ; I have  a book  in  which  is 
kept  the  amount  of  feed  received,  including  hay,  corn,  oats  and  bran ; my 
books  will  show  the  number  of  horses,  other  than  those  belonging  to  the 
State,  kept  at  the  stable,  and  also  the  number  of  mules  owned  by  the  State ; 
I have  held  this  position  in  the  years  1881  and  1882 ; I was  suspended  for  a 
while  the  first  of  the  year,  1881,  but  no  cause  was  given;  I was  suspended 
by  the  Warden ; at  the  time  I was  suspended  I was  not  holding  the  position 
I do  now  ; Mr.  Ruthven  then  had  charge  of  the  stables  ; I was  first  appointed 
to  that  position  in  May,  1881 ; when  I first  went  there  there  were  two  horses 
there  which  did  not  belong  to  the  State ; one  belonged  to  Capt.  Todd  and 
one  to  Mr.  Ruthven ; Capt.  Todd  had  three  horses  there  part  of  the  time 
and  part  of  the  time  two ; for  several  months  Capt.  Todd  did  not  have  a 
horse,  but  afterwards  bought  one ; this  became  lame  and  was  put  on  pasture 
and  he  then  bought  two  ponies ; I could  tell  how  long  they  were  there  by 
referring  to  my  books  ; I don’t  think  he  had  the  three  there  more  than  two 
weeks  at  a time ; I remember  when  Capt.  Todd  took  some  horses  to  St. 
Louis,  but  don’t  remember  the  date  ; I think  he  shipped  seven  horses  ; they 
were  kept  at  the  old  Penitentiary  stables ; these  have  no  connection  with  the 
stables  under  my  charge  and  I had  nothing  to  do  with  them. 

Mr.  Downing:  Did  you  furnish  any  feed  to  Capt.  Todd  for  these  horses 
kept  by  him  ? 

Mr.  Tolin : Not  to  Capt.  Todd  ; I furnished  in  this  way : Sometimes 
they  would  get  out  of  feed  and  would  borrow  a load  of  corn  from  me,  and 
when  they  got  some  corn  they  returned  it ; this  only  happened  once  or  twice ; 
some  of  the  horses  were  there  a month  and  some  not  so  long ; I remember 


59 


when  Mr.  Walker  came  to  the  stables ; I think  it  was  last  September ; I never 
furnished  any  oats,  hay  or  bran  to  Captain  Todd  for  those  horses,  or  to  any 
one  for  him ; I kept  a list  of  the  horses  entered  at  the  State  stables  other 
than  those  belonging  to  the  State ; I always  kept  an  entry  in  my  book  of  all 
horses  kept  there,  except  the  two  horses  owned  by  the  Warden  ; these  were 
there  when  I went  there ; I did  not  keep  a record  of  any  of  the  stock  that 
was  there  when  I went  there ; I supposed  the  Warden  had  a right  to  keep  his 
horses  there  and  didn’t  keep  any  account  of  them ; they  were  used  in  the 
prison  wagon  every  day ; they  were  worked  the  same  as  the  other  horses ; 
Peter  Willis  kept  one  horse  there;  I kept  an  account  o'*  that  horse;  he  was 
kept  there  between  two  and  three  months ; I had  a horse  there ; the  first  year 
I went  there  I bought  me  a saddle  horse  ; the  State  furnished  me  a horse  to 
ride,  but  they  were  out  of  a horse  at  the  time,  and  I told  the  Warden  I would 
buy  one  if  they  would  keep  it ; he  agreed ; I bought  the  horse  in  June,  1881, 
and  kept  it  until  May,  1882  ; John  Gates  had  a horse  there;  I think  he  got 
the  horse  in  March,  1882,  and  kept  him  until  in  June  or  July ; Col.  Gates  had 
a horse  there  about  three  months ; Dr.  Winston  kept  his  horse  there  part  of 
the  time ; he  kept  it  there  off  and  on  from  the  time  I went  there  until  the 
Inspectors’  investigation ; he  had  two  there  while  he  was  in  St.  Louis ; it 
might  have  been  two  or  three  weeks ; Capt.  Bradbury  kept  a horse  there  a 
while  in  the  summer  of  1881,  and  again  last  spring,  about  a month  at  a time ; 
Gov.  Crittenden  had  a horse  there  four  months ; it  came  there  early  in  the 
spring  and  remained  about  four  months ; Mr.  Tuttle  had  a horse  there  a 
month  ; Mr.  Tuttle  is  one  of  the  employes  at  the  prison  ; that  was  all ; my 
books  show  that  all  these  horses  have  been  kept  there,  and  for  whatdength  of 
time ; my  books  do  not  show  what  amount  of  feed  has  been  distributed  to 
them ; I am  certain  of  that ; no  cows  were  kept  there  for  any  one ; I never 
let  any  feed  go  out  for  cows,  but  have  loaned  a load  of  bran  to  the  Warden ; 
he  returned  the  bran,  pound  for  pound  ; I also  loaned  him  a load  of  corn  ; I 
did  not  loan  him  any  hay  or  oats ; I had  nothing  to  do  with  any  cows ; they 
were  all  kept  at  the  old  stables ; they  were  in  charge  of  a prisoner,  who  did 
the  milking ; no  one  kept  cows  there  that  I know  of  except  the  Warden. 

Mr.  Downing:  When  you  state  above  that  there  were  only  two  horses 
kept  there  other  than  those  belonging  fo  the  State,  you  were  mistaken,  were 
you  not? 

Mr.  Tolen : Yes,  sir ; I meant  that  there  were  only  two  horses  that  I 
didn’t  keep  account  of. 

Mr.  Downing:  How  many  different  horses  were  kept  there  during  this 
time  other  than  those  belonging  to  the  State? 

Mr.  Tolin  : Twelve,  for  the  length  of  time  as  specified  above  ; the  old 
stables  are  on  the  street,  just  south  of  the  Centennial  hall,  outside  of  the 
prison  walls  ; when  the  new  stables  were  built  the  old  stables  were  abandoned 


60 


and  were  used  as  a dairy ; they  are  about  a block  from  the  new  stables ; no 
feed  was  taken  from  the  new  stables  to  the  old,  except  as  I have  stated  above. 

Mr.  Downing : You  state  above  that  no  account  was  kept  of  this  feed 
distributed  to  these  horses  kept  at  the  new  stable.  Am  I correct? 

Mr.  Tolin : Yes,  sir. 

Mr.  Downing:  Then,  did  you  make  any  charges  against  these  parties 
for  keeping  their  horses  ? 

Mr.  Tolin:  No,  sir.  I desire  to  explain  this.  I kept  a record  of  those 
horses  from  the  time  they  came  in  until  they  went  out.  Once  a month  I 
made  out  an  account  of  this  and  all  other  transactions,  and  sent  it  to  the 
Warden’s  office. 

Mr.  Downing : Please  refer  to  your  books  and  state  how  many  horses 
you  had  there,  other  than  those  belonging  to  the  State,  on  the  6th  day  of 
May,  1882? 

Mr.  Tolin : Ten  horses. 

Mr.  Downing:  Refer  to  your  books  and  see  if  you  didn’t  have  more 
than  two  charged  to  Capt.  Todd  on  the  6th  of  May,  1882. 

Mr.  Tolin : My  books  show  six  other  horses  charged  to  Capt.  Todd  on 
that  day. 

Mr.  Downing:  Do  your  books  show  that  a horse  was  charged  to  Mr. 
Ruthven  on  that  date,  or  about  that  time? 

Mr.  Tolin  : No,  sir. 

Mr.  Downing:  State  whether  or  not  you  have  Peter  Willis  charged  for 
keeping  a horse,  on  your  books? 

Mr.  Tolin  : No,  sir. 

Mr.  Downing:  State  whether  or  not  you  have  J.  B.  Tolin  charged  for 
keeping  a horse,  on  your  books? 

Mr.  Tolin:  No,  sir. 

Mr.  Downing : Then  you  were  mistaken  when  you  stated  above  that 
the  Warden’s  two  horses  were  the  only  ones  of  which  no  account  was  kept? 

Mr.  Tolin : Yes,  sir.  The  State  furnishes  the  men  who  have  charge  of 
the  stables  a horse  to  ride,  but  they  had  none  when  I went  in,  and  I bought 
one  and  kept  it  there.  They  are  now  furnishing  me  one.  I used  my  horse 
in  doing  the  work  of  the  State.  I mean  the  Warden  permitted  me  to  keep 
one.  No  account  was  kept  of  the  horse  kept  there  by  Peter  Willis.  There 
were  no  other  horses  kept  there,  of  which  no  account  was  kept,  except  these 
four.  I am  certain  of  this. 

Mr.  Downing : Can  you  State  whether  or  not  these  horses  spoken  of 
above  were  removed  prior  to  October  6,  1882? 

Mr.  Tolin:  They  were. 

Mr.  Downing:  Why  didn’t  you  keep  an  account  of  the  horse  of  Peter 
Willis,  the  two  horses  of  Warden  Willis  and  your  horse? 

Mr.  Tolin  : I never  was  directed  to  keep  an  account  of  those  horses. 


Mr.  Downing:  Were  you  ever  directed  to  keep  an  account  of  the  other 
horses  ? 

Mr.  Tolin  : Yes,  sir. 

Mr.  Downing : By  whom  ? 

Mr.  Tolin  : By  the  Warden. 

Mr.  Downing:  Did  he  ever  directly  or  indirectly,  tell  you  not  to  keep 
an  account  of  the  horses  of  Peter  Willis,  J.  R.  Willis,  or  your  own? 

Mr.  Tolin  : No,  sir. 

Mr.  Downing : Did  he  know  that  you  kept  those  horses  there  ? 

Mr.  Tolin  : Yes,  sir. 

Mr.  Downing : What  were  these  four  horses  used  for  ? 

Mr.  Tolin  : They  were  used  for  the  interest  of  the  State. 

Mr.  Dowming : Were  yon  required  in  your  employment  to  furnish  horses 
for  the  use  of  the  State  ? 

Mr. Tolin:  No,  sir. 

Mr.  Downing:  You  just  kept  the  horse  there  for  the  accommodation 
of  tfce  State? 

Mr.  Tolin : It  is  necessary  for  the  man  in  charge  of  the  stables  to  use 
a horse ; when  I wont  there  I took  Mr.  Ruthven’s  place  ; he  had  been  using 
his  own  horse ; the  Warden  told  me  to  use  Mr.  Ruthven’s  horse  until  he 
could  buy  one;  I told  the  Warden  I would  buy  a horse  myself  if  they  would 
keep  it  and  he  consented  ; there  was  nothing  said  about  it  after  this  until  the 
order  of  the  Inspectors,  when  Mr.  Willis  told  me  I would  have  to  remove  my 
horse  and  I did  so ; there  was  no  understanding  that  Mr.  Willis  wras  to 
receive  any  pecuniary  benefit  from  keeping  my  horse  and  I did  not  work  for 
any  less  than  I would  otherwise. 

Mr.  McGrath:  Who  keeps  these  books? 

Mr.  Tolin : A prisoner  by  the  name  of  Phelps. 

Mr.  McGrath:  Do  you  ever  examine  them? 

Mr.  Tolin:  Yes,  sir. 

Mr.  McGrath : Who  makes  out  the  bills  from  them  ? 

Mr.  Tolin:  The  clerk  in  the  Warden’s  office. 

Mr.  McGrath : How  do  you  know  when  those  bills  are  made  out  ? 

Mr.  Tolin:  I don’t  know  that  they  were  made  out. 

Mr.  McGrath:  This  is  in  the  nature  of  a day  book? 

Mr.  Tolin:  Yes,  sir. 

Mr.  McGrath:  When  do  you  return  them  to  the  office? 

Mr.  Tolin  : The  first  of  every  month. 

Mr.  McGrath:  I see  you  have  many  entries  for  off  haul  charged  to 
different  parties  ; what  do  you  call  that  ? 

Mr.  Tolin : It  is  the  waste  lumber,  the  slabs  around  the  big  saw. 


Mr.  McGrath : Do  you  know  how  that  is  sold  by  the  load? 

Mr.  Tolin  : No,  sir. 

Mr.  McGrath:  Then  you  don’t  know  that  any  bills  are  made  out? 

Mr.  Tolin : I know  some  have  been  made  out  because  I have  collected 
some  of  them. 

Mr.  McGrath:  Can  you  tell  me  wh}^  those  leaves — from  84  to  91  were 
cut  out  of  this  book  ? 

Mr.  Tolin:  1 don’t  knpw ; at  the  time  of  the  investigation  of  the 
Inspectors,  the  book  was  taken  to  the  Warden’s  office  and  they  were  missing 
when  the  books  were  returned  to  me ; I discovered  this  first  when  looking 
through  the  books  for  some  accounts. 

Mr.  McGrath  : Do  you  remember  what  those  leaves  contained  ? 

Mr.  Tolin:  No,  sir. 

Mr.  McGrath:  When  you  missed  them,  did  you  ever  call  any  one’s 
attention  to  it? 

Mr.  Tolin:  Yet,  sir;  I spoke  to  the  Warden. 

Mr.  McGrath:  What  did  he  say? 

Mr.  Tolin : He  said  he  knew  nothing  about  it  and  told  me  to  feee  the 
clerk. 

Mr.  McGrath  : Did  you  see  the  clerk? 

Mr.  Tolin : lres,  sir  ; the  clerk  said  he  knew  nothing  about  it ; that  the 
book  was  all  right  when  it  left  the  office ; the  clerk  at  the  stables  has  charge 
of  the  books  in  the  day  time  and  at  night  they  are  locked  up  in  the  stable ; I 
take  the  books  to  the  Warden’s  office  the  first  of  every  month. 

Mr.  McGrath:  Do  you  make  a practice  of  examining  them  at  the  end 
of  the  month  to  see  your  month’s  work? 

Mr.  Tolin  : Y"es,  sir. 

Mr.  McGrath : Are  you  satisfied  the  book  was  all  right  when  you  took 
i,t  to  the  office? 

Mr.  Tolin  : No,  sir. 

Mr.  McGrath : At  what  time  did  this  occur  ? 

Mr.  Tolin : It  was  while  the  Inspectors  were  making  their  investigation  : 
when  it  came  back  the  leaves  were  gone  ; that  is  all  I know  about  it. 

Mr.  McGrath:  Who  owns  the  steamboat  mentioned  here? 

Mr.  Tolin:  A.  J.  Stein. 

Mr.  McGrath : Has  A.  J.  Stein  a contract  with  the  Penitentiary  for 
hauling? 

Mr.  Totin : He  did  have. 

Mr.  McGrath:  What  was  the  nature  of  it? 

Mr.  Tolin  : I don’t  know. 

Mr.  McGrath : Have  you  got  an  account  of  how  much  corn,  hav,  oats, 
etc.,  you  receive  monthly? 


63 


Mr.  Tolin:  Yes,  sir;  I can’t  tell  how  much,  .though,*  without  my  book. 

Mr.  McGrath:  Through  whom  do  these  order  come  that,  I see  by  your 
book,  you  fill  all  over  town? 

Mr.  Tolin:  From  the  Warden’s  office. 

Mr.  McGrath:  You  merely  receive  the  order  from  the  office,  and  then 
fill  it? 

Mr.  Tolin:  Yes,  sir. 

Mr.  McGrath:  You  do  a pretty  large  business  with  the  citizens  here, 
do  you  not? 

Mr.  Tolin:  Yes,  sir. 

Mr.  McGrath : Can  the  teams  under  your  charge  be  used  for  any  pur- 
pose without  your  knowledge? 

Mr.  Tolin:  No,  sir. 

Mr.  McGrath : Do  you  know  the  Warden’s  brother  who  is  farming  over 
the  river? 

Mr.  Tolin:  Yes,  sir. 

Mr.  McGrath : How  often  have  your  teams  been  sent  over  to  his  farm? 

Mr.  Tolin : Never. 

Mr.  McGrath:  Have  you  charge  of  all  teams  belonging  to  the  State? 

Mr.  Tolin : All  on  this  side  of  the  river. 

Mr.  McGrath : How  many  teams  are  there  on  the  State  farm  ? 

Mr.  Tolin:  Three. 

Mr.  McGrath:  You  have  no  charge  of  those,  and  do  not  know  what 
disposition  is  made  of  them. 

Mr.  Tolin:  No,  sir. 

Mr.  McGrath:  Do  the  Inspectors  ever  examine  your  books? 

Mr.  Tolin:  No,  sir. 

Mr.  McGrath : Did  they  ever  examine  you  ? * 

Mr.  Tolin:  No,  sir. 

Mr.  McGrath:  Is  it  your  understanding  that  everything  in  these  books 
is  paid  for? 

Mr.  Tolin:  Yes,  sir. 

Mr.  McGrath  : How  do  you  know  that? 

Mr.  Tolin : I don’t  know,  but  I suppose  they  would  not  want  me  to 
keep  those  books,  if  they  were  not  to  be  paid  for ; they  are  sent  to  the  office 
once  a month ; I don’t  know  why  some  are  marked  paid  and  others  not ; I 
suppose  the  accounts  marked  out  have  been  settled ; it  is  my  understanding 
there  are  some  bad  debts  on  these  books. 

Mr.  McGrath : Do  you  receive  everything  that  comes  from  the  State 
farm  ? 

Mr.  Tolin  : Yes,  sir. 

Mr.  McGrath : What  amount  of  corn,  oats  and  hay  have  you  used  at 

that  stable? 


64 


Mr.  Tolin:  . In  answer  to  this  question,  I submit  the  following,  taken 
from  my  books : 


MISSOURI  PENITENTIARY  STABLE. 
OATS  RECEIVED  IN  THE  YEAR  1882. 


April  7 . ...  Oats  from  Latshaw  & Co 
July  13 Oats  from  Latshaw  & Co 


26,426  pounds  net 
19,405  pounds  net 


Total  pounds 


45,831 


Total  bushels 


1,432.07 


CORN  RECEIVED  IN  YEAR  1882. 


Hay  1 

Corn  from  Philip  fa  Co 

15.526 

42,299 

27,356 

27,954 

26,895 

10 

Horn  from  Philip.  Pip . T _ _ _ , 

11 

Corn  from  Dulle  & Co 

June 22* 

A no*.  ‘2 

Corn  from  Dulle  & Co 

(lorn  from  Dnllp.  fa  Ho 

Total  pounds 

140,030 

2,500.20 

Total  fvn sh p! s 

HAY  RECEIVED  IN  YEAR  1882. 


March  30. . . 

June  12 

Dec.  18.... 
Dec.  18.... 

Hay  from  C.  Ewing 

9,590 

Hay  from  

21,340 

25,180 

Hay  from  S • Kaufman 

Hay  from  J . Swalley 

1,965 

TMM  pounds 

58,075 

The  above  represents  all  hay  and  grain  received  for  Missouri  Peniten- 
tiary stable,  unless  there  be  small  quantity,  and  that  will  be  found  on  seal 
book. 

Mr.  Downing:  You  have  made  no  further  inquiries  to  find  out  about 
those  leaves  that  are  cut  out? 

Mr.  Tolin : No,  sir. 

Mr.  McGrath:  How  did  you  discover  them? 

Mr.  Tolin : I was  looking  over  the  accounts. 

Mr.  McGrath : Did  you  ever  discover  any  other  leaves  cut  out  of  any 
other  book? 

Mr.  Tolin : No,  sir. 


65 


Mr.  McGrath:  Take  this  stable  book  and  see  if  you  know  anything  of 
the  leaves  cut  out  of  it  from  pages  60  to  65  ? 

Mr.  Tolin : This  is  the  book  I had  reference  to  before  when  I said  I 
discovered  that  the  leaves  were  missing  after  the  investigation;  I was 
mistaken  with  regard  to  the  other  book ; I don’t  think  there  was  anything  at 
all  on  those  pages — from  84  to  91 ; the  stable  book  is  the  one  I made  the 
enquiry  about ; I thought  it  was  the  stable  book  you  spoke  of  yesterday. 

Mr.  Downing : I see  here  that  you  have  an  entry  to  J.  L.  Smith  for 
delivering  some  corn.  Where  was  that  from  ? 

Mr.  Tolin : From  the  prison  ; there  w^as  35  bushels  and  56  pounds ; 
this  was  August  10,  1881. 

Mr.  Downing:  State,  if  you  know,  to  whom  you  delivered  corn,  oats 
or  hay  at  other  times,  belonging  to  the  State,  within  the  last  two  years? 

Mr.  Tolin:  August  4,  1881,  we  delivered  460  pounds  of  oats  to  Jacob 
Strauss;  also  to  the  same  party,  23  bushels,  August  9 ; also  170  pounds  of 
corn,  August  15  ; to  Priesmeyer,  90  pounds  of  oats  in  August ; also  to  same 
party,  110  pounds  oats,  August  23  ; also  two  loads  of  water;  we  delivered 
more  or  less  of  these  things  to  parties  outside  the  Penitentiary  from  the  first 
of  May,  1881,  to  September,  1882. 

Mr.  McGrath:  What  do  you  do  with  the  orders  you  receive  from  the 
Warden? 

Mr.  Tolin : I have  most  of  them  on  file. 

Mr.  Downing:  About  how  many  orders  have  you  received  from  the 
Warden  to  deliver  grain,  hay,  oats,  wood  or  coal  to  parties  outside  of  the 
Penitentiary  ? 

Mr.  Tolin:  I can’t  say  how  many;  I have  been  directed  by  him  to 
deliver  corn,  oats,  wood  and  coal  to  contractors  and  employes  of  the  Peni- 
tentiary, but  can’t  say  how  many;  you  will  find  everything  that  we  have 
hauled  on  this  book ; I have  kept  an  account  of  all  orders  for  hauling  for 
parties  outside  of  the  Penitentiary  and  they  will  be  found  in  these  books ; 
the  corn,  oats  and  hay  referred  to  above,  were  not  sold,  but  were  merely 
loaned  to  the  parties;  the  coal  and  wood  was  sold,  but  the  hay,  corn  and 
oats  was  not;  I know  they  were  not  sold  because  the  parties  returned  them. 

Mr.  Downing:  Your  books  show  that  these  things  were  delivered  to  the 
parties  above-mentioned.  Pfease  point  out  on  your  books  when  they  were 
returned  ? 

Mr.  Tolin : We  never  put  them  on  our  books  when  they  were  returned. 

Mr.  Britts : In  your  transactions,  then,  you  consider  that  the  State  lost 
nothing? 

Mr.  Tolin  : Never  a dollar. 


February  7,  1883. 


J.  B.  TOLIN. 


C R P — 5 


John  T.  Lewis,  of  lawful  age,  being  duly  sworn,  testifies  as  follows: 

I have  charge  of  the  cooking  department  of  the  Missouri  Penitentiary  and  the 
table  and  diningroom.  I have  had  charge  of  this  department  from  Jan- 
uary 1,  1881,  to  the  present  time.  My  duty  is  to  attend  the  cooking  depart- 
ment and  see  if  the  prisoners  get  full  rations  properly  served.  Cut  meat 
first  began  to  be  received  at  the  penitentiary  on  the  1st  of  January,  1881. 
This  came  from  Newton  & Son,  from  Sedalia,  and  continued  to  be  received 
up  to  the  13th  of  September,  1881.  The  total  number  of  pounds  received 
between  these  dates  was  45,000  pounds.  No  more  was  received  then  until 
November  8,  1881,  when  it  began  to  arrive  from  Gates  & Co.,  St.  Louis. 
They  continued  to  send  it  until  December  31,  1881,  and  furnished  within 
this  time  13,889  pounds ; no  cut  meat  has  been  received  since  the  31st  of 
December,  1881 ; I obtain  the  information  given  above  from  the  books  of 
the  commissary  department  of  the  Missouri  Penitentiary  ; the  average  num- 
ber of  pounds  received  per  day  while  this  beef  was  being  received,  was,  for 
309  days,  191  pounds  per  day;  this  cut  beef  consisted  of  a portion  of  the 
fore-quarters,  hind-quarters,  necks  and  shanks ; for  the  months  of  January, 
February,  March  and  April,  1881,  it  was  tolerably  fair  meat ; I do  not  think 
any  was  rejected  during  these  four  months,  of  this  scrap  meat ; about  the 
25th  of  April  I think  there  was  some  complaint  of  spoilt  meat;  I got 
Capt.  Bradbury  to  come  down  and  look  at  it ; this  occurred  at  the  cutting 
block ; we  threw  out  35  or  40  founds ; I mean  to  say  that  this  complaint 
was  made  first  to  Capt.  Bradbury  by  the  prisoners,  and  then  to  me ; of  this 
rejected  meat  some  was  neck,  and  looked  as  if  it  had  been  hanging  up  in  a 
butcher’s  shop  for  two  or  three  days ; the  meat  received  from  May  1st  to 
September  13tli,  was  of  the  same  kind,  but  not  of  so  good  a quality ; there 
was  more  sour  meat ; it  looked  like  meat  that  had  been  left  over  in  a butcher 
shop;  it  sometimes  had  ice  on  it,  but  the  ice  having  melted,  made  it  worse 
than  if  it  had  had  no  ice ; the  meat  was  shipped  in  barrels  ; this  meat  came  in 
this  spoilt  condition  once  or  twice  a month  ; I cannot  remember  positively  how 
often ; whenever  we  found  spoilt  meat  it  was  sent  back  to  the  commissary  and 
reweighed  and  thrown  away ; I don’t  remember  of  any  occasion  when  spoilt 
meat  was  cooked  ; if  such  meat  was  cooked  'it  was  by  mistake  ; I had  orders 
from  the  Warden  to  reject  any  spoilt  meat  and  return  it  to  the  commissary; 
on  several  occasions  the  Warden  himself  came  *to  the  cut  bench  and  told  me 
to  take  the  entire  lot  back  to  the  commissary  ; when  meat  was  taken  back  I 
understand  it  was  weighed  back  by  the  commissary,  and  the  books  show  the 
amount ; the  beef  received  from  St.  Louis  was  better  than  that  received  from 
Sedalia,  some  of  the  pieces  being  whole  quarters  and  less  bone ; on  several 
occasions  I found  damaged  meat  in  the  lot  received  from  St.  Louis  and  called 
the  Warden’s  attention  to  it ; on  one  occasion  he  ordered  me  to  throw  the  en- 
tire lot  away ; all  of  the  St.  Louis  meat  was  received  in  sacks ; the  Warden’s 


67 


order  to  me  was  to  reject  and  throw  away  all  spoilt  meat — that  is,  that  I 
should  return  it  to  the  commissar}^  department ; the  sacks  referred  to  were  large 
gunny  sacks ; none  of  this  spoilt  cut  meat  was  ever  served  to  the  convicts  on 
the  table  ; none  w'as  ever  found  in  the  kettles  while  being  cooked ; about  one- 
half  of  the  cut  meat  was  used  as  hash,  and  half  as  dinner  meat ; the  hash 
meat  was  first  put  in  a kettle  and  cooked  ; the  bones  were  then  taken  out  and 
the  meat  cut  up  fine  and  made  into  hash  ; the  hash  was  composed  of  potatoes, 
bread  and  meat. 

In  the  Spring  when  the  potatoes  are  soured,  the  hash  was  sometimes 
soured ; I mean  the  potatoes  were  the  cause  of  the  sour  hash  ; the  bread 
made  it  be'tter ; the  bread  was  not  put  in  the  hash  because  the  cut  meat  was 
used ; Capt.  Bradbury  first  heard  the  complaint  of  the  spoilt  meat  from  the 
prisoners  and  reported  the  fact  to  me  ; this  was  about  the  last  of  April, 
1881 ; I spoke  to  Capt.  Bradbury  about  it  three  or  four  times  before  the 
25th  of  April,  and  also  spoke  to  the  Warden ; I had  general  orders  from  the 
Warden  to  reject  all  spoilt  provisions,  but  about  this  time  I had  special 
orders  from  the  Warden  to  reject  spoilt  meat ; the  Sedalia  meat  was  received 
in  large  whisky  barrels,  with  a wooden  top  to  it ; it  generally  had  ice  on  it, 
but  sometimes  the  ice  had  melted ; the  cut  meat  from  Sedalia  seemed  to  be 
the  meat  left  over  from  a butcher’s  shop,  the  choice  portions  of  the  hind 
quarters  having  been  taken  out,  and  also  the  three  first  ribs  of  the  fore 
quarters ; this  was  generally  the  case,  but  not  always ; I do  not  remember  to 
have  seen  more  than  one  shank  at  a time  in  one  lot  of  meat,  and  I watched 
that  thing ; it  is  difficult  to  pack  this  kind  of  cut  meat  in  close  barrels  in 
Summer  time,  from  which  the  gas  cannot  escape,  from  Sedalia  to  this  place, 
and  have  it  arrive  in  good  order ; the  meat  that  was  shipped  in  the  night, 
and  which  was  received  here  in  the  morning,  was  generally  in  better  condi- 
tion than  that  arrived  in  the  afternoon;  none  of  this  meat  was  equal  to  the 
meat  butchered  here ; I do  not  know  what  per  cent,  of  the  number  of  pack- 
ages of  this  meat  shipped  from  Sedalia,  during  the  months  of  June,  July 
and  August  contained  small  pieces  of  sour  meat ; the  meat  was  some  of  it 
sound  and  some  not  sound  ; I can  approximate  what  portion  was  sound ; I 
have  seen  unsound  meat  in  the  barrels,  and  once  in  a while  on  the  scales  in 
the  commissary  department ; I have  sometimes  discovered  this  unsound  meat 
on  the  cut  blocks,  and  have  thrown  out  from  25  to  50  pounds  at  a time ; I do 
not  remember  to  have  had  a consultation  with  Capt.  Bradbury  about  spoilt 
cut  meat  after  being  put  in  the  kettles,  and  throwing  the  whole  batch  away ; 
I remember  the  occasion  when  the  meat  in  the  kettles  was  all  thrown  away 
and  salt  meat  substituted,  but  my  recollection  is  that  the  spoilt  meat  was 
corned  beef  and  not  cut  meat ; sometimes  the  convicts  would  complain  of 
sour  hash  when  using  cut  meat;  potatoes,  onions,  bread  and  bacon  was  used 
in  making  hash,  but  no  bread  was  used  in  the  Summer  months ; after 


68 


stripping  the  meat  from  the  bones  to  make  hash,  the  bones  constituted  one- 
third  of  the  weight ; Peter  Willis,  the  commissary,  had  better  opportunities 
than  I for  examining  the  quality  of  this  meat ; on  one  occasion  the  Warden’s 
attention  was  called  to  the  spoilt  meat ; he  became  very  angry  and  ordered 
the  meat  shipped  back  to  Sedalia,  that  the  parties  there  might  see  the  condi- 
tion in  which  it  was  received ; after  that  the  beef  came  better ; on  one  occa- 
sion the  Warden  picked  up  some  shank  that  cafne  from  St.  Louis  and  wrapped 
them  in  paper  and  shipped  them  back  to  St.  Louis ; the  objection  was  that 
the  meat  was  cut  off  the  shanks  ; I have  seen  some  fly  blows  on  the  cut  meat, 
but  not  often ; I did  not  know  that  Waddy  Thompson  had  any  connection 
with  this  cut  meat  business ; I don’t  know  that  Waddy  Thompson  has 
furnished  any  flour;  I don’t  know  who  are  the  partners  in  the  firm  of 
Gates  & Co. 

J.  T.  LEWIS. 

March  5,  1883. 

James  R.  Willis,  being  duly  sworn,  testifies  as  follows:  I am  Warden 
of  the  Missouri  Penitentiary,  and  have  held  that  position  since  1877 ; as 
Warden,  I have  general  superintendence  of  the  affairs  of  the  prison ; I have 
charge  of  all  contracts,  purchases,  sales,  receipts  and  disbursements  of  the 
Penitentiary ; I also  have  superintendence  of  the  government,  the  discipline 
and  police  regulations ; I have  power  to  appoint  the  deputy  warden,  chief 
clerk,  chaplain,  matron  and  all  other  subordinate  officers  and  employes,  all 
subject  to  the  approval  of  the  Inspectors ; when  I came  into  office,  in  1877, 
I took  a list  of  my  officers  to  the  Inspectors  and  they  were  approved. 

Mr.  Downing:  Has  the  present  Board  of  Inspectors  approved  your 
list  of  appointments? 

Mr.  Willis:  They  did,  as  the  records  at  the  prison  will  show;  it  is  my 
duty  as  Warden  to  prescribe  the  articles  of  food  and  the  quantity  and  qual- 
ity of  each  kind  for  the  convicts;  I have  done  this  without  the  approval  of 
the  Inspectors ; I have  charge  of  the  buildings,  tools,  implements,  stock, 
provisions  and  every  other  description  of  property  pertaining  to  the  Peniten- 
tiary, belonging  to  the  State ; I keep  accounts  of  the  same ; I buy  the  pro- 
visions, the  clothing,  medicines,  forage,  fuel  and  all  other  necessary  sup- 
plies for  the  Penitentiary. 

Mr.  Downing : Have  you  made  these  purchases,  contracts,  with  the 
consent  and  approval  of  the  Inspectors? 

Mr.  Willis : I have  never  consulted  them  about  the  purchase  of  any- 
thing whatever,  except  the  purchase  of  gross  beef  and  some  mules,  (8  or  9)  ; 
immediately  after  the  present  Board  of  Inspectors  came  into  office  I called 
on  them  and  asked  of  them  to  examine  carefully  into  my  sj^stem  of  manag- 
ing the  prison ; that  under  the  former  Board  I had  been  allowed  a great  deal 


69 


of  latitude,  in  fact,  a carte  blanch ; that  my  system  had  been  liberal,  some  say 
broad  gauge ; my  enemies  call  it  extravagant ; and  that  I wanted  them  to  ex- 
amine carefully  into  my  system,  as  I desired  to  run  the  Penitentiary  in  ac- 
cordance with  their  views ; this  I repeated  to  some  of  the  Inspectors  more 
than  once;  they  told  me  to  go  on  and  manage  it  just  as  I had  done  hereto- 
fore and  when  they  saw  anything  to  complain  of  they  would  notify  me  of  it ; 
so  far  as  the  office  is  concerned,  so  far  as  making  purchases,  prescribing  ar- 
ticles of  food,  the  money . concerns,  the  purchase  and  sale  of  articles  pro- 
vided for  the  Penitentiary,  or  sold  on  account  thereof,  I managed  it  for 
twenty  months — for  the  year  1881  and  up  to  the  last  of  August,  1882 — en- 
tirely, without  consulting  or  being  consulted  by  the  Inspectors,  except  in 
one  item  for  the  contract  and  purchase  of  gross  beef  and  some  mules ; dur- 
ing those  twenty  months  they  never  examined  my  books  once  and,  I think, 
never  opened  them ; I think  the  Inspectors  visited  the  prison  about  once  a 
month  ; it  was  their  custom,  but  I think  they  missed  one  or  two  months  ; they 
would  always  go  inside  and  go  through  the  shops,  and  the  dining-room,  and 
the  hospital,  to  see  how  things  were  conducted  there ; I made  a monthly 
statement  to  the  Inspectors  of  moneys  received,  and  from  what  source,  and 
of  all  disbursements,  and  to  whom  paid,  and  exhibited  vouchers  for  the 
same ; I bought  everything  in  open  market,  except  the  gross  beef ; this  in- 
cludes flour,  sugar,  coffee  and  all  necessary  supplies,  including  $15,000  worth 
of  shoulder  meat;  the  largest  purchase  at  any  time  was  $4,083.75,  and  these 
purchases  run  all  the  way  from  this  sum  down  to  twenty-five  cents ; none  of 
these  purchases  w^ere  ever  made  by  advertisement  nor  ever  let  to  the  lowest 
bidder  under  an  advertisement ; the  principal  merchants  I have  made  pur- 
chases of  are  as  follows : Udell,  Schmieding  & Co.,  Nave  & McCord,  II. 
L.  Fox  & Co.,  L,  M.  Rumsey  & Co.,  W.  P.  Howard  & Co.,  Missouri  Glass 
Co.,  Bridge,  Beach  & Co.,  Crow,  Hargadine  & Co.,  Norton  & Wieder,  Graff. 
Bennett  &Co.,  Geo.  K.  Hopkins  & Co.,  J.  J.  Daly  & Co.,  Geo.  D.  Barnard 
& Co.,  Simmons  Hardware  Co.,  Goddard,  Peck  & Co.,  B.  Horton  & Co., 
Elijah  Gates  & Co.,  Smith,  Beggs  & Rankin  Machine  Co.,  J.  F.  Imbs  &Co., 
II.  S.  Falter  Manufacturing  Co.,  Kupferle  Bros.,  J.  F.  Wangler,  Scliulen- 
burg  Lumber  Co.,  N.  O.  Nelson  & Co.,  A.  C.  Dunlevy,  Laclede  Fire-brick 
Co.,  Shickle,  Harrison  & Co.,  Evans  & Howard,  all  of  St.  Louis;  Nave- 
McCord  Mercantile  Co.  of  St.  Joseph;  A.  L.  Ide  of  Springfield,  111.;  II. 
Martin  & Co.,  Lancaster,  Pa.  ; S.  I.  Polk  & Co.,  Chicago ; H.  J.  Latshaw  & 
Co.,  Kansas  City;  Jas.  Smith  & Co.,  Philadelphia;  JohnT.  Craven,  Henry  & 
Johnson,  G.  H.  Dulle  & Sons,  Jefferson  City  Gas  Co..  John  W.  Gordon, 
Beckers  & Brooks,  Steamer  Hillman,  Scovern  & Goldsmith  and  H.  Clay 
Ewing  of  Jefferson  City. 

Mr.  Downing:  Will  you  please  state  fully  how  you  let  your  first  beef 
contract  after  January  1,  1881? 


70 


Mr.  Willis:  I advertised  in  three  newspapers  of  general  circulation  in 
January,  1881,  for  proposals  for  furnishing  beef  for  the  Missouri  Peniten- 
tiary, as  appears  from  the  advertisement  annexed  to  the  contract ; the  bids 
were  received  on  February  8,  and  the  contract  awarded  to  John  W.  Gordon ; 

I had  a written  contract  with  John  W.  Gordon,  of  which  the  following  is  a 
copy : 

PROPOSALS  FOR  BEEF.  , 

Office'  of  Missouri  Pententiary,  ) 
January  24,  1881.  j 

Sealed  proposals  will  be  received  at  this  office  until  noon  February  8, 
1881,  for  furnishing  the  Missouri  Penitentiary  with  beef,  native  steers,  cows 
and  heifers,  on  the  hoof,  such  as  is  known  in  this  market  as  butchers’  beef, 
none  to  weigh  less  than  750  pounds  gross,  to  be  delivered  in  quantities  to 
suit  the  daily  demand,  until  July  1,  1881. 

All  beef  must  net  fifty  per  cent.,  and  be  delivered  at  the  Penitentiary. 
All  bids  must  be  accompanied  with  a certified  check  for  one  thousand 
($1,000)  dollars,  as  a guarantee  that  if  the  award  is  made,  the  contract 
will  be  entered  into  with  a good  and  sufficient  bond. 

The  right  is  reserved  to  reject  any  or  all  bids. 

(Signed)  J.  R.  WILLIS,  Warden. 

Approved : 

(Signed)  Phil.  E.  Chappell,  i 

(Signed)  John  Walker,  > Inspectors. 

(Signed)  D.  H.  McIntyre,  ) 

This  agreement,  made  and  entered  into  this  the  8th  day  of  February, 
A.  D.  1881,  by  and  between  John  W.  Gordon,  of  the  City  of  Jefferson,  Cole 
county  and  State  of  Missouri,  party  of  the  first  part,  and  J.  R.  Willis,  War- 
den, of  the  Missouri  Penitentiary,  party  of  the  second  part,  witnesseth : 

That  the  said  party  of  the  first  part,  having  been  awarded  the  contract 
for  furnishing  beef  to  the  Missouri  Penitentiary  until  July  1,  1881,  hereby 
agrees  to  furnish  native  steers,  cows  and  heifers,  on  the  hoof,  such  as  is 
known  in  this  market  as  butchers’  beef,  none  to  weigh  less  than  750  pounds 
gross,  to  be  delivered  in  quantities  to  suit  the  daily  demand,  until  July  1, 
1881.  All  beef  must  net  fifty  per  cent,  and  be  delivered  at  the  Penitentiary. 

The  said  party  of  the  second  part  agrees  to  pay,  for  every  hundred 
pounds  delivered,  the  sum  of  three  dollars  and  sixty-two  and  one-half  cents, 
such  payments  to  be  made  thirty-two  days  after  the  end  of  the  month  during 
which  the  beef  was  furnished. 

It  is  agreed  that  in  case  the  said  party  of  the  first  part  at  any  time  fails 
to  deliver  and  furnish  a sufficient  quantity  of  beef,  as  herein  required,  that 


71 


the  said  party  of  the  second  part  shall  have  the  right  to  go  into  open  market 
and  purchase  a sufficient  quantity  to  suit  the  demand ; and  the  said  party  of 
the  first  part  is  to  be  liable  for,  and  hereby  agrees  to  pay,  whatever  the  said 
party  of  the  second  part  may  be  required  to  pay  out  for  such  purchase. 

The  delivery  of  beef  under  this  contract  to  commence  on  the  first  day 
of  January,  A.  D.  1881. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this  the 
eighth  day  of  February,  1881. 

(Signed)  JOHN  W.  JORDON,  [l.  s.] 

(Signed)  J.  R.  WILLIS,  [l.  s.] 

Warden  Mo.  Penitentiary. 


Approved : 

(Signed)  Phil.  E.  Chappell,  \ 

(Signed)  John  Walker,  > Inspectors. 
(Signed)  D.  H.  McIntyre,  j 


The  following  is  a copy  of  the  contract  and  advertisement  at  the  July, 
1881,  letting: 


PROPOSALS  FOR  BEEF. 


Office  of  Missouri  Penitentiary,  ) 

June  14,  1881.  ) 

Sealed  proposals  will  be  received  at  this  office  until  noon  Jul}7  1,  1881, 
for  furnishing  the  Missouri  Penitentiary  with  beef — native  steers,  cows  and 
heifers — on  the  hoof,  such  as  is  known  in  this  market  as  butcher’s  beef,  none 
to  weigh  less  than  750  pounds  gross,  to  be  delivered  in  quantities  to  suit  the 
daily  demand  until  July  1,  1882.  All  beef  must  net  50  per  cent,  and  be 
delivered  at  the  Penitentiary.  All  bids  must  be  accompanied  with  a certified 
check  for  one  thousand  ($1,000)  dollars  as  a guarantee  that  if  the  award  is 
made  the  contract  will  be  entered  into  with  a good  and  sufficient  bond. 

The  right  is  reserved  to  reject  any  or  all  bids. 

(Signed)  J.  R.  WILLIS,  Warden. 

Approved : 

Phil  E.  Chappell,  \ 

John  Walker,  > Inspectors. 

D.  H.  McIntyre,  j 

This  agreement  made  and  entered  into  this  1st  day  of  July,  1881.  By 
and  between  John  W.  Gordon  of  the  City  of  Jefferson,  Cole  county  and 
State  of  Missouri,  party  of  the  first  part,  and  J.  R.  Willis,  Warden  of  the 
Missouri  State  Penitentiary,  party  of  the  second  part,  witnesseth. 

That  the  said  party  of  the  first  part  having  been  awarded  the  contract 
for  furnishing  beef  to  the  Missouri  State  Penitentiary  until  July  1,  1882, 
hereby  agrees  to  furnish  native  steers,  cows  and  heifers  on  the  hoof,  such  as 


72 


is  known  in  this  market  as  butcher’s  beef,  none  to  weigh  less  than  750 
pounds  gross,  to  be  delivered  in  quantities  to  suit  the  daily  demand  until 
July  1,  1882.  All  beef  must  net  fifty  per  cent,  and  be  delivered  at  the 
Penitentiary. 

The  said  party  of  the  second  part  agrees  to  pay  for  every  hundred 
pounds  delivered  during  the  months  of  July,  August,  September,  October, 
November  and  December,  1881,  the  sum  of  three  dollars  and  fifty  cents 
(S3. 50)  and  for  every  hundred  pounds  delivered  during  the  months  of  Jan- 
uary, February,  March,  April,  May  and  June,  1882,  the  sum  of  three  dollars 
and  ninety-eight  cents  ($3.98).  Such  payments  to  be  made  thirty-two  (32) 
days  after  the  end  of  the  month  during  which  the  beef  was  furnished. 

It  is  agreed  that  in  case  the  said  party  of  the  first  part,  at  any  time  fails 
to  deliver  and  furnish  a sufficient  quantity  of  beef  as  herein  required,  that 
the  said  party  of  the  second  part  shall  have  the  right  to  go  into  open  market 
and  purchase  a sufficient  quantity  to  suit  the  demand  and  the  said  party  of 
the  first  part  is  to  be  liable  for,  and  hereby  agrees  to  pay,  whatever  excess 
over  this  contract  price  the  said  party  of  the  second  part  may  be  required  to 
pay  out  for  such  purchases  and  also  all  expenses  and  costs  incidental  to  the 
purchasing  and  delivering  of  the  same  that  may  be  incurred  by  the  party  of 
the  second  part. 

The  delivery  of  beef  under  this  contract  to  commence  on  1st  day  of 
July,  1881. 

In  witness  whereof  we  have  hereunto  set  our  hands  and  seals  this 
twenty-third  day  of  July,  1881. 

(Signed)  JOHN  W.  GORDON,  [l.s.] 

(Signed)  J.  R.  WILLIS,  [l.s.] 

Warden  Missouri  Penitential’}'. 

Approved : 


Inspectors. 


This  contract  calls  for  what  is  known  in  this  market  as  butcher’s  beef, 
to  net  50  per  cent.,  by  w'hich  is  meant  or  which  is  arrived  at  by  weighing  the 
beef  net  and  doubling  the  gross  price. 

Mr.  Downing:  Will  }'ou  please  state  fully  and  particularly  whether  or 
not  you  received,  for  the  use  of  the  Penitentiary,  during  the  years  1881  and 
1882,  any  other  beef,  from  any  other  source,  from  where  and  whom? 

Mr.  Willis:  Newton  & Sons  had  a contract  to  furnish  beef,  which  run 
to  January  1,  1881  ; during  the  latter  part  of  1880  the  beef  was  delivered 
for  them  by  Gordon ; at  the  expiration  of  that  contract  a verbal  agreement 
was  entered  into  with  Gordon  to  continue  to  furnish  beef  until  the  new  con- 
tract was  awarded  by  advertisement,  and  that  the  price  to  be  paid  him  should 


73 


be  the  same  as  that  to  be  fixed  by  the  contract  afterwards  to  be  made,  which 
award  was  made  about  the  first  part  of  February ; there  was  no  understand- 
ing between  Gordon  and  myself  that  he  was  to  have  the  contract  in  Febru- 
ary, 1881 ; on  the  1st  of  January,  1881,  I was  receiving  cut  beef  from  New- 
ton & Son ; this  arrangement  was  continued  without  special  arrangement 
until  the  letting  of  the  contract  in  February,  1881 ; the  amount  of  cut  beef 
received  at  this  time,  that  is  in  January,  1881,  was  from  150  to  200  pounds 
per  day ; I had  an  arrangement  with  Newton  & Son  in  1880,  who  were  at'that 
time  the  contractors,  and  who  were  furnishing  beef  here  and  also  to  the  pris- 
oners at  the  Montserrat  mines,  by  which  they  were  to  furnish  cut  beef  to  the 
prisoners  at  the  mines,  enough  to  supply  the  daily  demand  for  feeding  175 
to  350  prisoners,  with  a reservation  on  my  part  to  use  as  much  bacon  as  I 
might  wish ; in  July,  1880,  Newton  & Son  ceased  to  be  the  contractors  to 
supply  the  beef  at  the  mines,  and  asked  the  privilege  of  being 
allowed  to  supply  the  cut  beef,  in  the  same  amount,  on  their  contract  at  the 
prison,  which  was  agreed  to ; this  beef  wras  to  be  furnished  at  one  and  a 
quarter  cents  a pound  less  than  the  net  beef  which  they  furnished  on  foot ; 
under  this  agreement  the  cut  beef  continued  to  be  furnished  up  to  the  let- 
ting of  the  contract  in  Februaiy,  1881  ; Mr.  Gordon  got  the  contract  in  Feb- 
ruary, 1881;  I don’t  remember  the  details  of  the  letting  at  this  time;  I 
agreed  with  Mr.  Gordon  that  he  might  continue  to  put  in  the  cut  beef,  but 
don’t  remember  whether  this  agreement  was  made  before  or  after  the  letting 
of  the  contract ; I don’t  remember  the  details  of  this  conversation ; this  con- 
tract expired  on  the  1st  of  July,  1881,  and  the  cut  beef  continued  to  be  re- 
ceived from  Sedalia  under  this  agreement  up  to  that  time ; no  one  was  pres- 
ent during  the  conversation  between  Mr.  Gordon  and  myself,  when  the  ar- 
rangement was  made  about  the  cut  beef  under  the  contract  entered  into  in 
February,  1881 ; no  one  came  with  Mr.  Gordon  to  me  in  reference  to  the  cut 
beef  arrangement ; I remember  of  no  conversation  with  Mr.  Gordon  except 
in  my  office ; 1 had  no  understanding  or  arrangement  with  any  other  person 
except  Mr.  Gordon  about  the  cut  beef ; I had  a knowledge  at  the  time  of  this 
conversation  with  Gordon  that  W addy  Thompson  had  been  a partner  with 
Newton  & Son  in  their  beef  contract  up  to  that  time ; I did  not  know  at  the 
time  the  bids  were  opened  in  Februaiy,  1881.  that  there  had  been  any  com- 
bination or  understanding  between  the  bidders — Thompson,  Gordon  and 
Newton  & Son — as  to  what  the  bids  were  to  be,  or  as  to  who  was  to  put  in 
the  lowest  bid,  or  as  to  what  interest,  if  any,  they  had  in  it ; it  is  possible 
and  probable,  but  1 don’t  remember  that  Gordon  might  have  asked  me  be- 
fore the  letting  of  the  February,  1881,  contract  whether,  in  case  he  got  the 
contract,  if  the  cut  beef  would  be  received,  provided  lie  could  make  an  ar- 
rangement with  Newton  & Son ; the  pext  beef  contract  was  made  on  July  1, 
1881,  and  Gordon  became  the  contractor;  on  the  morning  of  the  letting  of 


74 


the  contract  Gordon  came  to  me  amj  stated  that  Newton  did  not  care  to  bid, 
provided  he  could  make  an  arrangement  to  continue  to  put  in  the  cut  beef 
on  the  same  terms  as  before ; I told  him  that  if  his  bid  was  not  over  3J  cents 
per  pound  gross  I would  recommend  its  acceptance  and  would  continue  to 
take  the  cut  beef,  if  he  made  the  arrangement  with  Newton  & Son  for  it. 

The  contract  entered  into  July  1,  1881,  was  for  twelve  months;  I did 
not  know  at  the  time  of  the  letting  of  the  contract,  in  July,  1881,  of  any  con- 
nivance, or  collusion  between  Gordon,  Newton  and  Thompson,  except  as 
I stated  above  ; that  is,  that  Gordon  should  have  the  privilege  of  making  an 
arrangement  with  Newton  to  furnish  the  cut  beef,  if  he  (Gordon),  got  the 
contract  at  3J  cents  or  thereabouts  ; when  the  bids  were  opened,  there  were 
found  to  be  three  bids,  one  by  Gordon,  one  by  Newton  & Son,  and  one  by 
Waddy  Thompson;  Gordon  was  the  lowest,  and  was  at  $3.74  gross  for  100 
pounds ; I declined  to  make  the  award,  believing  the  bids  to  be  too  high,  but 
referred  the  matter  to  the  Inspectors  ; they  took  the  matter  under  advisement ; 
in  a day  or  two  they  advised  me  by  letter  that  they  had  accepted  Mr.  Gor- 
don’s bid,  and  instructed  me  to  enter  into  a contract  with  him ; I then  stated 
to  the  Inspectors  that  I thought  I could  make  a better  arrangement  with  Mr. 
Gordon  than  that,  and  then  consented  that  I should  do  so ; I then  made  a 
contract  with  him  to  furnish  the  beef  the  first  six  months  at  $3.50,  and  the 
next  six  months  at  $3.98-100  ; in  that  agreement  I was  to  have  the  privilege 
of  putting  in  as  much  salt  pork  on  the  last  six  months  as  I thought  best  for 
the  interest  of  the  State ; and  in  that  arrangement  I consented  that  he  might 
put  in  from  150  to  200  pounds  of  cut  beef  per  day,  at  one  cent  less  per 
pound  than  contract  price  when  reduced  to  net  beef ; the  cut  beef  continued 
to  be  received  under  this  contract,  from  Sedalia,  up  to  about  the  10th  of 
September,  1881 ; none  was  received  after  that  time  from  Sedalia;  I stopped 
it  at  that  time  because  it  did  not  come  up  to  the  quality  agreed  upon ; I also 
had  a conversation  with  Mr.  Chappell,  one  of  the  Inspectors,  about  this  time  ; 
he  protested,  and  asked  me  not  to  receive  any  more  of  this  beef ; this,  also, 
had  its  influence  with  me  in  stopping  the  receipt  of  this  cut  beef ; none  w'as 
received  from  about  that  time  ; while  this  conversation  had  its  influence  on 
me,  I had  made  up  my  mind  to  stop  the  receipt  of  this  beef  before ; my 
agreement  all  the  time  that  cut  beef  was  received  was  that  it  should  be  either 
wholes  or  halves  of  fore  quarters,  or  in  quality,  if  less,  equal  to  fore  quarters  ; 
this  meat  came  in  barrels  about  like  whisky  barrels ; the  contract  required 
beef  to  arrive  on  the  noon  train  by  express ; some  of  this  beef  came  in  bad 
condition  ; this  was  rejected  and  thrown  away  ; the  meat  in  the  Winter,  Fall 
and  Spring  months  usually  came  in  good  condition  ; in  warm  weather  some  of 
it  came  in  damaged  condition ; I gave  orders  to  the  commissary  and  cook 
if  any  meat  come  in  damaged  condition  not  to  receive  it ; I don’t  know 
whether  any  of  it  was  returned  by  the  cook  to  the  commissary  and  weighed 


back  or  not ; the  amount  of  net  meat,  including  beef  and  pork,  per  month, 
required  to  supply  the  prison,  is  about  42,000  pounds  ; of  this  amount  there 
is  required  of  net  beef  about  36,250  pounds;  about  the  first  of  November, 

1881,  I began  to  receive  cut  beef  from  St.  Louis,  and  continued  to  receive 
from  there  from  150  to  200  pounds  a day  till  the  last  of  December,  1881 ; no 
cut  beef  has  been  received  at  the  prison  since  that  date,  excepting  occasionally 
a few  hundred  pounds  from  the  butchers  in  this  city  to  make  up  a ration  ; 
one  month — in  December,  1881 — it  ran  a little  over  200  pounds  a day;  if 
came  daily,  except  when  trains  were  delayed  ; in  that  case  a double  quantity 
came. 

The  beef  from  St.  Louis  was  furnished  by,Gates  & Co.  ; about  the  10th 
of  September  I notified  Gordon  that  no  more  cut  beef  would  be  received  un- 
der his  contract ; the  first  I knew  of  the  beef  coming  from  St.  Louis,  it  had 
arrived  at  the  depot ; on  enquiry  at  the  depot,  I found  the  meat  c£hne  from  * 
Gates  & Co.,  St.  Louis;  in  conversation  witu  Col.  Gates,  I learned  that 
Waddy  Thompson  claimed  the  right  to  put  in  net  beef  amounting  to  about' 
200  pounds  a day  under  Gordon’s  contract,  under  an  agreement  between 
Gordon  and  himself,  and  that  Thompson  had  turned  the  contract  over  to 
him,  Gates,  to  fill,  stating  that  he  had  entered  into  a contract  with  a butcher 
in  St.  Louis  to  supply  it  for  two  months,  and  insisted  that  I should  give  it  a 
trial,  as  it  would  be  some  loss  to  him  if  he  did  not  carry  out  his  contrat ; at 
his  (Col.  Gates’)  earnest  solicitation,  I consented  to  give  it  a trial;  the  time 
for  which  I had  agreed  with  Col.  Gates  having  expired,  no  more  cut  beef 
was  received  after  that  date ; after  this  time,  that  is,  the  first  of  January, 

1882,  Col.  Gates  proposed  to  make  with  me  a new  contract  to  furnish  me 
with  cut  beef,  but  I declined  to  do  so,  having  determined  in  my  own  mind 
that  I would  not  continue  it,  as  it  was  an  imposition  on  the  State  to  do  so ; I 
paid  Col.  Gates  for  the  St.  Louis  meat  the  same  price  as  was  paid  for  the 
Sedalia  meat ; the  total  amount  of  beef  received  from  St.  Louis  was,  as  shown 
by  my  books,  between  12,000  and  14,000  pounds;  the  months  of  November 
and  December  being  warm,  the  meat  sometimes  came  in  bad  order,  and  was 
rejected;  owing  to  delay  of  train,  about  700  pounds  of  spoilt  meat  came  at 
one  time,  and  was  thrown  away ; on  one  occasion  I sent  back  to  Col.  Gates  a 
shoulder  bone  with  not  much  meat  on  it,  my  object  being  to  show  him  the 
meat  was  not  of  the  quality  agreed  upon ; I had  no  written  contract  with 
Newton  & Sons  at  the  time  they  furnished  cut  beef ; it  was  not  included  in 
any  advertisement  for  beef;  I did  not  take  a bond  from  Newton  & Sons;  I 
did  not  make  known  to  the  Inspectors,  at  the  time  of  making  the  February, 
1881,  contract,  that  I had  agreed  with  Gordon  to  accept  cut  meat,  nor  did  I 
make  it  known  in  July,  1881,  when  the  contract  was  let;  I report  the  beef 
account  once  a month  to  the  Inspectors ; I have  reported  to  this  board  twen- 
ty-four months ; I have  not  alluded  to  the  cut  beef  in  any  of  these  reports ; I 


had  a talk  with  Mr.  Gordon  the  morning  of  the  day  the  contract  was  let,  in 
July,  1881,  in  which  I stated  that  I would  recommend  the  approval  of  a bid 
of  3J  cents  or  thereabouts ; I had  no  coversation  with  Waddy  Thompson  as 
to  what  price  the  contract  was  likly  to  be  awarded,  nor  with  Newton  ; 
Thompson  did  not  ask  me  any  questions  about  the  cut  meat,  nor  did  Newton 
& Sons,  that  I recollect  of ; when  I found  Gordon’s  bid  was  3.74  I expressed 
dissatisfaction  to  the  bidders ; the  conditions  on  which  I agreed  with  Gordon 
to  take  the  cut  meat,  the  price  being  $3.50,  were  not  met;  this  letting  in 
July,  1881,  was  the  year  of  the  drougth ; beef  was  higher  at  that  time  than 
it  was  a year  before,  on  account  of  the  drougth ; the  reason  that  I had  the 
conversation  with  Gordon  abotit  the  cut  beef,  and  not  the  others,  was  because 
the  others  did  not  speak  to  me;  the  last  contract,  let  July  1,  1882,  was  at 
$3.80  per  100  pounds  gross;  this  met  my  approval,  for  the  reason  that  I 
thought  all  kinds  of  meat  were  higher  this  year  than  last ; my  impression 
is  that  Gordon,  Newton  & Thompson  were  present  at  the  letting  of  the  beef 
contract  in  February,  1881 ; I don’t  think  I had  any  conversation  with 
Gordon  at  this  time,  as  to  the  price  the  contract  would  likely  be  approved 
at;  I don’t  remember  to  have  had  any  conversation  on  that  day  with  Gordon 
as  to  the  letting  of  the  contract ; I have  no  recollection  of  the  incidents  and 
conversations  of  the  letting  with  the  bidders ; my  impression  is  that  I sent 
for  the  Inspectors  to  come  to  the  prison  to  be  present  at  the  opening  of  the 
bids,  and  they  sent  me  word  they  could  not  come,  but  to  send  the  bids  to 
the  Capitol  and  the}7  would  open  them  in  the  afternoon ; that  I sent  them 
jnp  by  Ralph,  and  they  were  opened  by  the  Inspectors. 

I think  I entered  into  a written  contract  with  Gordon ; the  contract  did 
not  make  any  allusion  to  cut  meat;  Thompson’s  name  does  not  appear  on 
Gordon’s  bond  at  any  time  ; I have  known  Thompson  eight  or  nine  years  ; I 
have  had  frequent  business  relations  writh  him  ; he  was  at  one  time  one  of  the 
lessees,  and  at  that  time  I was  one  of  the  employes  of  the  lessees,  and  as 
such  I had  frequent  dealings  with  him  ; I never  told  Thompson  that  Gordon 
was  complaining  of  having  struck  a hard  bargain  in  having  to  pay  him, 
(Thompson),  $50  a month  bonus;  I never  knew  that  Gordon  paid  Thompson 
$50  a month,  or  had  agreed  to  pay  him,  or  what  interest  he,  (Thompson), 
had  in  the  contract,  until  after  Gordon  had  settled  in  full  with  Thompson, 
wdien  Gordon  then  told  me  about  it ; Gordon  told  me  then  that  he  had  paid 
Thompson  $500  or  $600  in  all ; Newton  & Son  had  the  contract  to  furnish  beef 
on  foot  the  time  previous  to  February  1,  1881 ; that  contract  had  no  allusion 
to  cut  meat ; I gave  special  orders  to  the  employes  to  reject  ail  damaged 
meat;  I don’t  think  I ever  saw  the  meat  while  in  the  barrels ; I have  seen  the 
damaged  meat  while  on  the  scales  in  the  commissary  department ; I think  I 
once  saw  damaged  meat  on  the  cutting  block ; I dont  think  my  attention  was 
ever  called  to  damaged  meat  in  the  kettles ; my  attention  wras  never  called  to 


77 


any  complaint  on  the  part  of  the  prisoners  ; I do  my  official  business  with  the 
Exchange  Bank  ; I do  not  own  any  stock  in  the  bank  ; Mr.  Udell,  of  St.  Louis, 
is  president  of  the  Excelsior  Broom  Company ; Schmieding  or  Deems  is  Sec- 
retary ; I have  never  had  any  personal  beneficial  interest  in  the  cut  meat  furnish- 
ed from  Sedalia  or  St  Louis,  nor  m any  contract  to  furnish  either  net  or  gross 
beef,  nor  have  I any  promise  or  expectation  of  receiving  any  such  benefit 
from  the  sources  mentioned,  either  in  mypresent  office  or  after  I go  out  of  the 
same ; I had  no  written  contract  or  any  othe^  contract  with  Newton  & Son  or 
Gates  & Co.  for  cut  beef  ; all  the  beef  received  was  credited  to  Gordon  and  he 
drew  the  money  for  all  of  it;  the  entries  as  they  stand  on  the  book  are  “John 
W.  Gordon,  by  Newton  & Son,”  or  “John  W.  Gordon,  by  Gates  & Co.”  ; the 
total  amount  of  cut  beef  furnished  by  Newton  & Son  and  Gates  & Co.,  was 
57,709  pounds  ; the  total  value  was  $3,462.54. 

Mr.  Downing : You  state  above  that  by  dividing  the  contract  with  Gor- 
don you  saved  money  to  the  State ; please  explain  fully  how  this  was  done? 

Mr.  Willis : I save  money  to  the  State : First — In  not  having  to  pay 
out  so  large  an  amount  of  money  on  the  first  six  months  of  the  year.  Second — 
By  reserving  the  right  to  use  all  the  salt  pork  that  I might  desire ; a ration  of 
pork  is  two-thirds  the  amount  required  for  a ration  of  beef  ; the  amount  of 
purchases  of  pork  shoulder  meat  made  by  me  were  as  follows  : 


January  7, 

1881. 

, 25,000  pounds  at  4c 

$1,000  00 

March  17, 

1881 

, 25,000  pounds  at  $4.70 

1,175  00 

June  13, 

1881 

, 3,600  pounds  at  $5.85 

216  77 

July  6. 

1881 

, 21,000  pounds  at  $5.75 

1,207  50 

Sept.  24, 

1881 

, 20,000  pounds  at  $7.55 

1,510  00 

Total . . . 

. 94,600  

$5,10tl  27 

in  1882. 

January  30, 

67,1 

>00  pounds  at  $5.90 

$3,982  50 

Nov-  3,  736  pounds  at  $9.25 

Total...  68,236  


r0  28 


$4,052  78 


In  the  first  half  of  1881  I used  53,600  pounds  of  bacon,  at  an  average 
price  of  $4.60,  making  $2,466  ; it  would  have  taken  80,400  pounds  of  beef, 
contract  price  $7.25,  to  have  supplied  the  place  of  this  pork,  making  $5,829  ; 
saving  to  the  State  by  using  bacon  $4,363  ; in  the  second  half  of  1881  I 
used  31,000  pounds  of  bacon , average  price  $3.78,  making  $2,779  ; it  would 
have  taken  61,500  pounds  of  beef,  contract  price  7 cents,  making  $4,305  ; 


78 


saving  to  the  State,  $1,526;  in  the  first  half  of  1882  I used  67,500  pounds 
of  bacon,  average  price  $6.05,  making  $4,083.75  ; it  would  have  taken  101,- 
250  pounds  of  beef,  contract  price  $7.96,  making  $8,059.50;  saving  to  the 
State,  $3,975.75 ; total  saving  to  the  State  for  eighteen  months,  $8,864.75; 
these  purchases,  with  the  exception  of  the  last,  were  made  without  the  knowl- 
edge and  consent  of  the  Inspectors,  and  without  advertising  for  the  contract. 

Mr.  Downing:  Was  you  ever  directly  or  indirectly  personally  inter- 
ested in  any  of  the  contracts  or  purchases  above  enumerated? 

Mr.  Willis : I was  not. 

Mr.  Downing:  Have  you,  within  the  last  two  years,  sold  or  given  to 
any  of  the  officers  or  employes  of  the  prison  any  fuel,  forage  or  provisions, 
or  suffered  the  same  to  be  done? 

Mr.  Willis:  I have  done  so  in  a few  instances,  but  I think  only  in  cases 
of  emergency ; I think  I have  sold  or  allowed  to  be  sold  to  employes  of  the 
Penitentiary  probably  less  than  $100  worth  of  fuel,  when  the  weather  was 
extreme  and  it  was  impossible  to  get  it  elsewhere  ; I don’t  think  I have  sold 
any  forage  or  provisions,  and  it  has  not  been  done  or  permitted  with  my 
knowledge  or  consent ; the  sales  of  wood  were  to  different  parties  employed 
in  the  penitentiary ; I have  not  sold  or  given  away  to  employes  in  the  Peni- 
tentiary any  manufactured  articles,  or  permitted  the  same  to  be  done ; I 
think  I have  sold  both  fuel  and  forage  to  parties  not  employed  in  the  prison ; 
I couldn’t  well  say  to  what  extent,  but  it  has  not  exceeded  $1,000,  and  I 
think  very  likely  it  has  not  exceeded  $500  in  two  years ; I am  sure  it  has  not 
exceeded  $1,000;  the  principal  part  of  this  business  has  been  with  the  con- 
tractors of  the  prison,  and  the  sales  have  been  at  cost  price ; these  sales  have 
not  been  made  as  a matter  of  profit,  but  merely  as  a matter  of  accommoda- 
tion between  the  prison  and  the  contractors. 

Mr.  Downing : Who  has  had  charge  of  the  Penitentiary  stables  for  the 
last  two  years  ? 

Mr.  Willis : Jesse  Tolin  for  the  most  of  the  time ; he  is  wagon-master 
and  looks  after  the  stock,  delivers  all  brick,  forage,  fuel  and  everything  that 
we  sell ; receives  all  goods,  either  merchandise,  fuel  or  forage ; he  also  at- 
tends to  the  Penitentiarj7  stables — keeps  the  stock ; I think  he  keeps  books, 
in  which  are  entered  accounts  of  fuel,  forage,  etc. 

Mr.  Downing : Have  you  ever  examined  those  books  ? 

Mr.  Willis : I don’t  think  I ever  have  ; I have  seen  them  and  looked 
into  them  probably  but  have  never  examined  them  ; the  only  information  I 
have  of  the  disposition  of  the  fuel,  forage,  etc.,  is  from  his  reports,  which 
are  made  every  month  to  the  office. 

Mr.  Downing : Do  you  know  how  many  horses  have  been  kept  at  the 
State  stables  within  the  last  two  years,  other  than  those  belonging  to 
the  State? 


79 


Mr.  Willis : Capt.  Tocld  had  a contract  for  keeping  one  horse  as  part 
of  his  salary,  and  he  has  kept  one  most  of  the  time,  part  of  the  time  two  ; I 
think  the  time  he  kept  two  was  about  equal  to  the  time  he  kept  none ; in  the 
spring  of  1882  I allowed  Capt.  Totld  the  use  of  the  old  stables,  known  as 
the  cow  stables,  to  put  some  horses  in  for  two  or  three  weeks,  while  he  was 
preparing  them  to  ship  to  market : I don’t  know  how  many  he  kept  there, 
but  I suppose  it  was  from  eight  to  twelve ; these  were  not  kept  at  the  ex- 
pense of  the  State,  nor  any  part  of  them ; he  bought  his  own  feed  and  hired 
his  own  groom  to  take  care  of  them. 

Mr.  Downing : State  whether  or  not  you  have  examined  the  books  of 
the  stable  keeper  to  see  whether  these  horses  of  Capt.  Todd  were  kept  at 
the  expense  of  the  State  or  not? 

Mr.  Willis : I have  not  examined  them  for  that  purpose. 

(The  stable  book  is  here  handed  to  the  witness.) 

Mr.  Downing : State  wether  or  not  the  book  shows  that  six  horses  were 
kept  there  from  May  8th  to  May  20th,  1882,  by  Capt.  Todd? 

Mr.  Willis:  Yes;  the  books  also  show  the  keeping  of  nine  horse  of 
Capt.  Todd’s  from  May  1st  to  4tli ; also  eight  horses  from  the  4th  to  the 
8th;  also  two  from  the  20th  to  the  31st;  the  books  show  that  the  keeper 
of  the  Penitentiary  stables  had  more  than  two  horses  of  Capt.  Todd’s  from 
April  18th  to  May  31st ; during  the  latter  part  of  April  I told  Capt.  Todd 
he  could  have  the  use  of  the  cowT  stable  to  get  some  horses  in  shape  for 
the  market,  he  to  buy  his  own  feed  and  hire  his  own  groom  ; about  this 
time  I left  the  city,  and  was  gone  about  three  weeks ; I think  the  horses 
were  gone  when  I returned;  I know,  of  my  personal  knowledge,  that 
Capt.  Todd  paid  the  bills  for  the  feed  of  those  horses. 

Mr.  Downing:  How  many  horses  did  Capt.  Todd  have  at  the  State 
stable  at  the  expense  of  the  State  on  the  6th  day  of  May,  1882  ? 

Mr.  Willis:  Two. 

(Witness  is  handed  the  stable  keeper’s  books.) 

Mr.  Downing:  See  how  many  horses,  as  appears  from  the  books,  were 
kept  there  on  the  6th  of  May? 

Mr.  Willis : Eight ; the  only  explanation  I can  give  is  that  these  horses 
were  kept  on  the  premises,  and  Mr.  Tolin  thought  they  were  kept  at  the 
expense  of  the  State,  when  in  reality  they  were  not. 

Mr.  Downing : Did  Mr.  Tolin  keep  a horse  there  ? 

Mr.  Willis : Yes,  sir ; Mr.  Tuttle  had  one  horse  there  at  one  time ; 
so  did  Dr.  Winston,  John  Ruthven,  Peter  M.  Willis,  John  Gates,  Capt. 
Bradbury,  Gov.  Crittenden  and  Col.  Gates ; Col.  Gates  kept  one  there  for 
over  three  months ; I kept  two  horses  regularly,  and  sometimes  three ; my 
horses,  the  horse  blonging  to  P.  M.  Willis  and  the  one  belonging  to  Jesse 
Tolin  were  not  charged  for;  all  the  others  were,  except  Todd’s;  the  others 


80 


were  kept  at  $10  a month,  except  when  in  pusture,  when,  I think,  the  charge 
was  $5  ; prior  to  the  6th  of  May,  1882,  the  Inspectors  never  made  any  in- 
quiry with  regard  to  the  number  of  horses  kept  there  at  the  expense  of  the 
State ; these  horse  were  removed  from  the  Penitentiary  stables  by  order  of 
the  Board  o"  Inspectors ; the  horse  kept  by  Mr.  Tolin  was  kept  for  his  use 
as  wagon  master,  and  the  one  kept  by  P.  M.  Willis  was  kept  for  his  use  in 
the  commissary  department ; it  has  been  the  custom  for  each  of  these  depart- 
ments to  have  a horse  for  ten  years ; the  one  kept  there  by  Gov.  Crittenden 
was  sick  and  brought  there  for  medical  treatment,  because  wre  had  a veteri- 
nary surgeon ; the  other  horses  that  were  kept  for  pay  were  not  kept  as  a 
source  of  profit  to  the  prison,  but  for  the  accommodation  of  the  employes  ; 
those  kept  by  myself  were  used  in  doing  State  work,  and  when  not  so  in  use, 
were  used  by  myself  and  family. 

Mr.  McGrath:  Did  you  appoint  Tolin  to  take  charge  of  the  stable? 

Mr.  Willis  : I did. 

Mr.  McGrath : Did  you  require  him  to  keep  a record  of  what  he  did  ? 

Mr.  Willis : While  there  has  been  no  special  demand  on  him,  it  has  al- 
ways been  required  of  a man  in  that  department. 

Mr.  McGrath : How  did  he  take  those  things  that  I see  charged  here  ; 
was  it  by  order  from  the  office  ? 

Mr.  Willis : It  is  done  either  by  a special  or  general  order. 

Mr.  Downing:  What  has  been  the  custom  with  regard  to  prisoners 
working  at  the  mansion? 

Mr.  Wiffis : It  has  always  been  the  custom  for  the  mansion  to  be  sup- 
plied with  prisoners  to  keep  the  grounds  in  order,  pump  water,  run  the  fur- 
naces, house-cleaning  and  any  work  of  that  character  that  may  be  required ; 
this  has  been  the  custom  ever  since  I came  here,  wThich  was  ten  years  ago. 

Mr.  Downing : Have  any  United  States  prisoners  been  removed  from 
the  Penitentiary,  and  if  so,  why? 

M.  Willis : There  has  been  one  United  States  prisoner  removed  from 
this  prison  to  the  prison  at  Chester,  111.  ; he  was  sent  from  the  District  of 
Kansas ; as  to  the  reasons  for  his  removal,  I beg  to  refer  you  to  the  corres- 
pondence between  the  United  States  authorities  and  myself  on  the  subject, 
which  I herewith  submit : 

*■  COPY  OF  CORRESPONDENCE 

Between  Department  of  Justice  of  United  States  and  J.  R.  Willis,  Warden 

Missouri  State  Penitentiary: 

Department  of  Justice,  ) 

Washington,  April  30,  1882.  j 

J.  R.  Willis,  Esq.,  Warden  Missouri  Penitentiary , Jefferson  City , Mo. : 

Sir:  Will  you  please  send  me  a list  of  United  States  prisoners  now  in 


81 


your  penitentiary,  who  have  been  punished,  with  a statement  of  the  offense 
and  mode  of  punishment,  and  oblige 

Very  respectfully, 

(Signed)  WILL.  HAIGHT. 

P.  S. — I desire  this  to  accompany  my  report  of  the  examination  of 
United  States  prisoners  confined  in  the  Missouri  Penitentiary. 

Missouri  State  Penitentiary,  i 
Jefferson  City,  Mo.,  May  4,  1882.  f 

Will.  Haight,  Esq.,  Department  of  Justice , Washington , D.  C.  : 

Sir:  In  compliance  with  your  request  of  30th  ult.,  I hand  you  below 
list  of  punishments  inflicted  on  United  States  prisoners  now  in  my  charge : 

January  15,  1880 — Nicholas  Provencir,  using  threatening  language  to 
foreman,  seventeen  stripes. 

October  1,  1880 — M.  E.  Rodgers,  fastidiousness  in  dining  room,  wiping 
knife,  etc.,  three  stripes. 

Punishment  is  inflicted  with  a lash. 

Respectfully,  etc., 

(Signed)  J.  R.  WILLIS, 

Warden. 

Department  of  Justice,  . ) 
Washington,  May  4,  1882.  j 

J.  R.  Willis,  Esq.,  Warden  Missouri  Penitentiary , Jefferson  City , Mo.: 

Sir  : Referring  to  the  conversation  Mr.  Haight,  of  this  Department, 
had  with  your  representative  upon  his  recent  visit  to  your  institution  relative 
to  keeping  U.  S.  prisoners  upon  the  same  terms  as  are  now  made  with  the 
principal  *penitentiaries  of  the  country — that  is,  to  feed,  clothe,  guard, 
furnish  medical  attention,  and  upon  their  discharge  to  transport  the  priso- 
ners to  the  points  from  which  they  were  convicted,  free  of  all  expense  to  the 
Government,  I beg  leave  to  inquire  as  to  your  decision  in  the  matter,  before 
action  is  taken  in  the  premises. 

(Signed),  Very  respecfully, 

BREWSTER  CAMERON, 
General  Agent. 

Missouri  State  Penitentiary,  ) 
Jefferson  City,  May  29,  1882.  j 

Brewster  Cameron,  Esq.,  Department  of  Justice,  Washington , D.  C. : 

Sir  : In  reply  to  your  letter  of  the  4th  inst.,  in  regard  to  keeping  U.  S. 
prisoners,  I beg  to  inform  you  that  I am  willing  to  accept  the  terms  stated 


c r p — 6 


82 


by  you  for  all  prisoners  sentenced  in  the  future  by  the  United  States  Courts  in 
this  State,  but  not  for  those  from  other  States  and  Territories,  having  now  a 
large  number  of  State  prisoners  confined  here,  which  number  is  constantly 
increasing.  m 

Would  say  that  action  on  your  letter  has  been  delayed,  owing  to 
absence  of  Board  of  Inspectors,  to  whom  the  matter  was  referred. 

Please  advise  me  concerning  acceptance  or  rejection  of  my  terms,  that  I 
may  govern  myself  accordingly. 

(Signed),  Very  respectfully, 

J.  R.  WILLIS, 

Warden. 

Missouri  State  Penitentiary,  ) 
Jefferson  City,  June  14,  1882.  j 

Brewster  Cameron,  Esq.  , Department  of  Justice,  Washington , D.  C.  : 

Sir  : Your  Mr.  Haight  was  here  on  yesterday,  and  after  consultation 
with  him,  am  willing  to  modify  my  proposal  of  May  29,  1882;  about  keeping 
U.  S.  prisoners. 

On  and  after  July  1st  next,  I will  keep  all  the  United  States  prisoners 
now  undergoing  sentence  in  this  prison,  or  that  may  be  hereafter  sentenced 
by  the  Federal  Courts  in  this  State,  on  the  terms  asked  in  your  letter  of  May 
4th,  namely:  “To  feed,  clothe,  guard,  furnish  medical  attention,  and  upon 
their  discharge  to  transport  the  prisoners  to  the  points  from  which  they  were 
convicted  free  of  all  expenses  to  the  Government,”  and  will  keep  those  now 
here,  and  that  may  be  hereafter  sent  from  New  Mexico,  on  same  terms,  ex- 
cepting transporting  them  to  the  points  from  which  they  were  convicted. 

This  I cannot  do,  for  the  reason  that  the  labor  w'ould  in  some  instances, 
not  more  than  pay  for  transportation. 

(Signed),  Awaiting  your  reply, 

I am,  etc., 

J.  R.  WILLIS, 
Warden. 

P.  S.  Am  anxious  to  keep  all  Missouri  prisoners,  having  some  State 
pride  in  the  matter. 


Department  of  Justice,  ) 
Washington,  July  8,  1882.  j 

J.  R.  Willis,  Esq.,  Warden  Missouri  State  Penitentiary , Jefferson  City , Mo. : 

Sir  : Your  letter  of  the  14th  of  June  last  has  been  received,  in  which 
you  propose  to  keep  “on  and  after  the  1st  of  July  next  (1882)  all  the 
United  States  prisoners  now  undergoing  sentence  in  your  prison,  or  that  may 
hereafter  be  sentenced  by  the  Federal  courts  in  your  State,  on  the  terms 


83 


asked  in  my  letter  of  May  4tb,  viz:  To  feed,  clothe,  guard,  furnish  medi- 
cal attendance  and,  upon  their  discharge,  to  transport  the  prisoners  to  the 
points  from  which  they  w*ere  convicted  free  of  all  expense  to  the  Govern- 
ment ; and  to  keep  those  now  confined  in  your  penitentiary  and  that  ma}T  be 
hereafter  sent  there  from  New  Mexico,  on  the  same  terms,  excepting  trans- 
porting them  to  the  points  from  which  they  were  convicted.” 

A prompt  answer  to  your  letter  was  prevented  by  the  absence  of  Special 
Agents  Haight  and  Stanton.  After  conference  with  them,  it  has  been  de- 
termined to  accept  your  proposition  as  soon  as  the  penitentiary  at  Chester 
can  be  induced  to  make  a written  statement  that  they  do  not  longer  care  to 
receive  prisoners  from  Missouri,  which  I hope  to  receive  in  the  course  of 
several  months.  I am  sure  this  arrangement  can  be  made  by  giving  them 
other  convenient  territory. 

The  Penitentiary  at  Chester,  instead  of  furnishing  free  transportation  to 
United  States  prisoners  from  the  Territory  of  New  Mexico,  advances  ten 
dollars  in  cash,  the  amount  paid  State  prisoners,  to  be  used  in  part  payment 
of  transportation  to  their  respective  homes,  said  transportation  being  fur- 
nished by  the  United  States,  with  the  exception  of  the  ten  dollars  before  re- 
ferred to,  advanced  by  the  prison  authorities. 

It  is  understood  that  your  proposition  to  transport  the  prisoners  to  the 
points  from  which  they  were  convicted  is  meant  to  furnish  them  free  trans- 
portation to  their  actual  homes,  at  smy  point  within  the  State  of  Missouri. 
During  the  term  of  confinement  of  any  prisoner  it  will  not  be  a difficult  mat- 
ter to  ascertain  his  actual  residence,  so  that  you  will  not  be  imposed  upon  in 
this  matter. 

Your  account,  amounting  to  8465.50,  for  the  keeping  of  prisoners  for 
the  quarter  ending  June  30,  1882,  has  been  approved  and  will  be  paid.  It 
is  understood  that  no  further  accounts  will  be  rendered  by  your  institution 
for  the  keeping  of  prisoners  now  confined  in  your  penitentiary,  provided  the 
Department  immediately  takes  steps  to  have  your  territory  designated  as  the 
place  of  confinement  for  all  prisoners  of  the  United  States  convicted  in  the 
State  of  Missouri.  If  this  is  your  understanding  of  the  matter,  I will  at 
once  enter  into  correspondence  with  the  prison  authorities  at  Chester,  111., 
with  reference  to  the  change. 

Are  you  aware  of  the  fact  that  the  Department  is  opposed  to  the  flog- 
ging of  United  States  prisoners  under  any  circumstances  ? 

Your  early  reply  is  desired. 

Very  respectful^, 

(Signed)  BREWSTER  CAMERON, 

General  Agent. 


84 


Missouri  State  Penitentiary,  ) 
Jefferson  City,  August  7,  1882.  j 

Bbewster  Cameron,  Esq.,  Gen.  Ageyit  Department  Justice,  Washington , D.  C. 

Sir  : Your  letter  of  July  8th  was  received  in  clue  course,  but  1 had  not, 
until  this  date,  observed  that  it  required  any  answer,  hence  the  delay. 

In  order  to  meet  your  views,  I will  amend  my  terms  of  June  14th  last, 
as  to  transportation  of  Missouri  Federal  prisoners,  so  as  to  read,  “Free 
transportation  to  the  county  in  which  the  offense  was  committed,  and  that  in 
addition  to  actual  transportation,  sufficient  be  added  to  pay  forgiving  en  route, 
the  same  as  is  granted  by  law  to  State  prisoners.” 

I understood  your  Mr.  Haight  to  say  that  I should  render  an  account 
quarterly  for  the  suit  of  clothes,  value  $15.00,  furnished  each  prisoner  on  his 
discharge,  and  $15.00  in  cash  as  allowed  by  law,  which  account  you  would 
allow  as  heretofore. 

If  this  covers  all  the  points  of  difference  between  us,  please  advise  me 
and  oblige,  . Respectfully, 

(Signed),  J.  R.  WILLIS, 

Warden. 

Department  of  Justice,  ) 
Washington,  Aug.  7th,  ’82.  1 

J.  R.  Willis,  Esq.,  Warden  Mo.  State  Penitentiary , Jefferson  City , Mo. : 

Sir  : The  Attorney-General  has  this  day  ordered  the  transfer  of  M.  E. 
Rodgers.  Rodgers’  transfer  was  requested  by  himself  and  his  friends.  His 
transfer  was  recommended  by  Special  Agents  Haight  and  Stanton,  who 
visited  your  institution  recently.  One  of  the  things  that  moved  to  this  order 
was  the  fact  that  Rodgers  had  been  whipped.  The  Attorney-General  objects 
to  United  States  prisoners  being  confined  in  penitentiaries  where  prisoners 
are  whipped,  and  it  is  hoped  that  when  the  order  is  changed,  designating 
your  peninitentiary  to  receive  the  prisoners  from  Missouri,  that  you  will 
provide  some  other  kind  of  punishment  for  United  States  prisoners. 

No  reply  has  been  received  to  Department  letter  to  you  of  July  8th. 

Very  respecfully, 

(Signed),  BREWSTER  CAMERON, 

General  Agent. 


Department  of  Justice,  ) 
Washington,  Aug.  9th,  1882.  ( 

J.  R.  Willis,  Esq.,  Warden  State  Penitentiary , Jefferson  City , Mo. : 

Sir  : Your  letter  of  the  7th  instant  has  been  received.  You  are  per 
fectly  correct  in  your  understanding  of  Mr,  Haight’s  statement,  that  the  Gov 


85 


ernment  would  pay  you  quarterly  foi  the  clothes  and  cash  furnished  to 
prisoners. 

Your  proposition,*  as  it  now  stands,  will  be  accepted  at  as  early  a date  as 
possible,  as  stated  in  a letter  of  July  8th. 

Very  respectfully, 

(Signed),  BREWSTER  CAMERON, 

General  Agent. 

Department  of  Justice,  ) 
Washington,  Aug.  14th,  ’82.  ) 

J.  R.  Willis,  Esq.,  Warden  Mo.  State  Penitentiary , Jefferson  City , Mo.: 

Sir:  My  attention  has  been  called  to  an  article  in  the  St.  Louis  “Post- 
Dispatch”  relative  to  the  treatment  and  transfer  of  one  M.  E.  Rodgers  from 
your  penitentiary  to  the  penitentiary  at  Chester,  Illinois.  While  this  trans- 
fer was  made  because  Rodgers  was  whipped  while  in  your  custody — a prac- 
tice which  the  Department  will  not  tolerate — I deeply  regret  the  publication 
of  this  interview  with  Rodgers,  because  of  its  injustice  to  you,  and  because 
you  have  already  done  everything  in  your  power  to  satisfy  the  Department 
and  improve  the  condition  of  United  States  prisoners. 

Very  respectfully, 

(Signed),  BREWSTER  CAMERON, 

General  Agent. 

I know  of  no  other  cause  except  what  is  stated  in  the  letter. 

Mr.  Britts : Will  you  state,  if  you  know,  what  is  the  cost  per  capita  for 
sustaining  the  convicts  for  the  last  two  years  in  the  Missouri  Penitentiary, 
and  how  it  compares  with  other  institutions  of  the  kind? 

Mr.  Willis:  It  has  cost  33  2-15  cents  per  day;  this  includes  food, 
clothing,  fuel,  lights,  medicine,  the  pay  of  officers  and  every  other  expense 
connected  with  the  prison;  for  the  year  1882,  the  expense  in  the  varous 
States  has  been  as  follows : 


Maryland 

Vermont. 

New  Jersey... 
Wisconsin  .... 

Kansas 

Joliet,  Illinois 

Indiana 

Connecticut . . . 
West  Virginia. 


33  1-2  Cents. 
44 1-2  “ 

42  8-10  ‘ 4 

39  1-2  “ 

42  1-2 

38  1-4  “ 

37  2-3  4 4 

40  4-10  4 4 


43  1-2 


86 


For  1882,  the  expenses  in  the  various  States  have  been  as  follows: 


Massachusetts 

New  York 

Iowa 

California 


40  2-3  Cents- 
39  9-15  “ 

51  9-20  ‘ ‘ 

32  1-2  “ 


March  1,  1883. 

J.  R.  WILLIS, 

Missouri  State  Penitentiary,  Warden’s  Office,  ^ 

City  of  Jefferson,  Mo.,  May  22,  1882.  ) 

Mr.  John  Walker,  Secretary  Board  of  Inspectors: 

Dear  Sir  : Your  letter  of  the  6th  inst. , relative  to  the  number  of  horses 
kept  at  the  State  stable  other  than  those  belonging  to  the  State  was  duly  re- 
ceived, and  answer  delayed  on  account  of  my  absence  from  the  city. 

I have  kept  two  horses  regularly  since  my  first  appointment  as  Warden, 
and  for  the  past  three  weeks  have  had  three ; Mr.  P.  M.  Willis,  Commissary, 
has  one;  Dr.  W.  B.  Winston,  Physician,  one,  until  the  past  month;  Capt. 
Todd,  one  ; since  then  he  has  had  two ; Capt.  Bradbury,  Deputy  Warden, 
one,  until  the  18th  inst.,  when  it  was  taken  away;  Col.  Gates  has  one,  and 
Gov.  Crittenden  has  had  one  kept  for  medical  treatment  since  the  23d  of 
February.  Very  truly, 

J.  R.  WILLIS,  Warden. 

P.  S. — For  about  one  month  Capt.  Todd  has  had  the  use  of  the  old  cow 
stables  to  keep  several  horses  purchased  for  the  market,  furnishing  his  own 
feed  and  help.  W. 

Missouri  State  Penitentiary,  Warden’s  Office,  ) 

City  of  Jefferson,  Mo..  October  6,  1882.  j 

Honorable  Board  of  Inspectors  Missouri  State  Penitentiary : 

Gentlemen:  In  answer  to  your  inquiry  of  recent  date,  whether  the 
horses  refered  to  in  my  report  to  you  under  date  of  May  22  last,  as  being 
kept  at  the  State  stable,  “were  fed  free,  or  was  charge  made  for  keeping,” 
I beg  to  state  that  I have  never  charged  myself  with  the  keep  of  the  horses 
I have  had  at  the  State  stable,  they  being  used  in  the  service  and  benefit  of 
the  State. 

No  charge  was  made  for  keeping  Mr.  P.  M.  Willis’,  the  Commissary, 
horse,  as  he  is  used  in  transacting  the  business  of  his  department. 


87 


W.  M.  Todd,  under  an  order  of  the  Board  of  Inspectors  of  May  2, 
1881,  was  allowed  board  for  one  horse  as  part  of  his  salary,  but  for  a length 
of  time  did  not  keep  any.  In  May,  1882,  he  had  two  at  the  State  stables  for 
which  no  charge  was  made,  as  the  time  during  which  he  had  no  horse  ex- 
ceeded the  period  he  kept  an  extra  one. 

Charge  was  made  for  all  other  horses  referred  to  in  my  report  of  May 
22,  1882,  at  the  rate  of  ten  dollars  per  month. 

I am  respectfully,  etc., 

J.  R.  WILLIS,  Warden. 

W.  H.  Bradbury,  being  duly  sworn,  testifies  as  follows : I am  Deputy 
Warden  of  the  Penitentiary  and  have  been  for  twelve  years;  altogether,  I 
have  been  there  about  twenty-five  years ; I see  from  the  evidence  shown  here 
that  I was  before  the  Board  of  Inspectors  September  28,  1882,  and  gave  my 
testimony  under  oath;  I have  examined  that  testimony  to-day,  (marked  “Ex- 
hibit C ”)  and  adopt  it  as  my  testimony  now,  except  possibly  that  I under- 
estimated the  value  of  the  cut  meat  in  my  testimony  before  the  Board ; the 
punishment  inflicted  the  last  two  years  in  the  penitentiary  has  been  less  se- 
vere than  any  previous  years  since  I have  been  connected  with  the  Peniten- 
tiary ; no  more  punishment  is  inflicted  than  I consider  absolutely  necessary 
to  maintain  discipline ; the  officers  who  have  charge  of  the  different  depart- 
ments have  the  rules  and  regulations  of  the  prison  before  them  all  the  time, 
with  instructions  to  report  any  violation  of  them  to  me  in  the  evening  in 
writing ; I then  bring  the  prisoners  before  me  and  examine  them  after  supper, 
and  determine  the  manner  of  punishment ; on  some  occasions  I assign  them 
to  the  dungeons  during  the  night;  in  extreme  cases  I apply  the  lash  or  cow- 
hide : I do  the  whipping  myself  and  in  no  instance  is  a subordinate  officer 
allowed  to  inflict  any  punishment ; according  to  the  experience  that  I have 
had  and  the  knowledge  I have  gained  from  visiting  other  penal  institutions, 
I consider  the  use  of  the  lash,  as  under  our  system,  not  only  more  humane, 
but  equally  as  effective  as  any  of  the  other  systems  of  punishment  in  vogue 
in  other  penitentiaries  ; in  the  female  department  the  mode  of  punishment  is 
confinement  in  the  dungeon,  with  a diet  of  bread  and  water ; the  females 
have  been  whipped  for  several  years ; I have  never  heard  of  any  immoral 
practices  between  the  officers  or  employes  and  the  female  convicts  within  the 
last  two  years  ; such  might  be  carried  on  without  my  knowledge ; the  matron, 
Mrs.  Sanford,  has  immediate  charge  of  the  females ; there  could  be  no  im- 
moral practices  carried  on  inside  the  prison  without  her  knowledge  ; the  War- 
den appoints  the  matron,  and  she  is  subject  to  removal  at  his  pleasure,  as  are 
all  the  officers  except  the  physician ; there  is  no  approach  from  the  male  to 
the  female  department,  a solid  wall  separating  them ; the  only  means  of  ac- 
cess is  the  front  entrance,  through  the  matron’s  office,  except  the  large  wagon 


88 


gate,  which  is  always  kept  locked  and  the  key  in  the  office ; it  has  been  four 
years  since  the  lash  was  applied  to  females,  with  the  exception  of  one  case 
about  two  years  ago,  when  I think  I whipped  a negro  woman  ; the  nature  of 
offences  which  require  either  the  lash  or  solitary  confinement  are  numerous  ; 
one  example  is  the  refusal  of  conricts  to  do  the  work  appointed. 

We  had  one  United  States  prisoner  removed  some  time  since,  within 
these  two  years  ; he  entered  a complaint  to  the  United  States  Marshal  in  re- 
gard to  his  treatment  in  our  Penitentiary  and  was  removed ; the  Marshal  vis- 
ited the  prison  and  examined  all  the  United  States  prisoners  prior  to  the  re- 
moval, but  examined  no  officers ; his  examination  was  made  secretly ; he 
never  told  me  that  the  statement  of  the  prisoner  was  corroborated  by  the 
others  examined ; I don’t  know  whether  he  told  the  Warden  or  not ; the  pris- 
oner complained  of  being  whipped ; said  he  was  compelled  to  eat  out  of  dirty 
dishes  with  a dirty  spoon  and  knife,  and  that  because  he  complained  about 
that  he  was  punished  with  a rawhide. 

Mr.  McGrath : Was  he  punished  ? 

Mr.  Bradbury : He  was. 

Mr.  McGrath  : For  what  was  he  punished  ? 

Mr.  Bradbury:  For  being  very  insolent  and  insulting  to  the  officers. 

Mr.  McGrath:  Is  it  the  duty  of  the  United  States  Marshal  resident  here 
to  visit  the  prison  and  look  after  the  prisoners  ? 

Mr.  Bradbury : I believe  it  is,  sir. 

Mr.  McGrath:  How  many  United  States  prisoners  are  in  the  Peni- 
tentiary ? 

Mr.  Bradbury:  Not  more  than  twelve  or  thirteen. 

Mr.  McGrath : How  did  the  Marshal  learn  of  this  business  ? 

Mr.  Bradbury : The  prisoner  wrote  him  a letter. 

Mr.  JVIcGrath : I thought  the  letters  were  always  examined  ? 

Mr.  Bradbury : They  are  and  this  letter  was  examined  but  passed  ; we 
never  refuse  to  let  letters  go  to  the  Marshal  or  Inspectors,  no  matter  what 
they  contain. 

Mr.  McGrath : What  do  you  know  of  tbe  case  reported  in  the  papers 
recently  of  a man  being  forced  out  of  his  cell  with  red  hot  irons  ? 

Mr.  Bradbury : His  name  was  Stanton  and  he  was  from  St.  Louis ; I 
think  it  was  shortly  after  the  Christmas  holiday,  two  years  ago ; I learned 
that  there  was  a conspiracy  formed  to.  break  out  of  the  prison,  this  man 
Stanton  being  one  of  the  conspirators ; with  several  others,  some  10  or  15 
in  number ; I ordered  them  all  locked  up  during  that  day  for  the  purpose  of 
having  an  examination  ; some  of  my  officers  reported  to  me  that  Stanton  had 
a knife  and  refused  to  give  it  up ; I visited  his  cell  myself  and  found  him 
with  a knife ; he  refused  to  give  it  to  me  too ; I found  him  in  the  heat  of 
passion ; being  alone,  I let  him  stay  24  hours  there  and  thought  by  that 


89 


time  he  would  cool  off  and  see  his  folly ; I then  demanded  that  he  give  up 
the  knife,  after  24  hours ; he  told  me  he  wouldn’t  give  up  his  knife  and 
wouldn’t  come  out  of  the  cell,  that  he  w^ould  die  before  he  would  come  out ; 
he  said  he  would  kill  anybody  with  the  knife  that  would  come  in  after  him ; 
I told  him  he  had  to  come  out  of  his  cell  and  that  I was  going  to  take  him 
out  either  one  way  or  another  and  he  could  have  his  choice ; I talked  with 
him  over  half  an  hour,  trying  to  persuade  him  to  come  out ; he  told  me  he 
would  kill  himself  if  I undertook  to  take  him  out ; I then  got  a bar  of 
iron,  f round  iron,  turned  a large  hook  or  bend  on  it,  opened  the  door  and 
ordered  it  hooked  around  him  to  pull  him  out ; the  hook  itself  was  not  hot 
nor  sharp,  but  the  iron  was  heated  some  three  feet  up  from  the  crook  so  that 
he  couldn’t  hold  to  it ; he  still  had  the  knife  in  his  hand ; as  we  attempted  to 
put  the  hook  around  him  he  cut  his  right  jugular  vein,  then  passed  me  the 
knife  and  said,  “ now  you  can  have  it;”  he  lived  about  40  minutes. 

Mr.  McGrath:  How  did  you  learn  of  that  conspiracy  among  the 
prisoners  ? 

Mr.  Bradbury : From  some  prisoners. 

Mr.  McGrath : Did  you  subsequently  have  reason  to  believe  it  was  true  ? 

Mr.  Bradbury:  Yes,  sir. 

Mr.  McGrath:  Who  was  with  you  when  you  went  to  take  Stanton  from 
his  cell? 

Mr.  Bradbury:  Mr.  Tolin,  Mr.  Maloney  and  John  Gates;  I think  that 
was  all. 

Mr.  McGrath:  Were  you  satisfied  that  was  the  only  means  you  could 
take  to  get  that  man  out  without  exposing  yourself  or  some  of  your  guards 
to  bodily  harm  ? 

Mr.  Bradbury:  I was,  at  the  time. 

Mr.  McGrath:  Was  he  a large  man? 

Mr.  Bradbury : He  was  a small  man. 

Mr.  McGrath:  Had  he  ever  been  punished  before? 

Mr.  Bradbury:  Once. 

Mr.  McGrath : With  a lash  ? 

Mr.  Bradbury:  Yes. 

Mr.  McGrath : How  large  is  the  cell  ? 

Mr.  Bradbury : About  4J  by  7J  feet. 

Mr.  McGrath:  You  are  satisfied  then  that  it  would  not  have  been 
possible  for  one  of  your  guards  to  have  gone  in  there  with  a revolver  and 
brought  that  man  out? 

Mr.  Bradbury : He  could  not  have  done  it  without  shooting  him  before 

he  went  in. 

Mr.  McGrath:  How  long  had  Stanton  been  in? 


90 


Mr.  Bradbury : Two  years ; his  offense,  I think,  was  ..burglary  and 
larceny. 

Mr.  McGrath  : Was  the  case  investigated  by  the  Inspectors? 

Mr.  Bradbury:  I think  it  was,  but  they  never  communicated  their 
decision  to  me ; I talked  with  them  about  it,  and  am  satisfied  they  approved 
my  course. 

Mr.  McGrath : How  did  Stanton  conduct  himself  as  a prisoner  ? 

Mr.  Bradbury : He  was  very  high-tempered. 

Mr.  McGrath : Did  you  ever  have  any  special  trouble  with  him  before  ? 
Mr.  Bradbury : Yes,  sir  ; I had  to  take  him  out  of  the  shop  at  the  point 
of  a revolver  some  six  months  before  that.  He  was  in  Giesecke’s  boot  and 
shoe  factory.  He  became  ungovernable  and  tried  to  kill  his  foreman  with  a 
knife. 

He  had  made  an  attack  on  the  foreman,  then? 

Yes,  sir,  and  ran  him  out  of  the  shop. 

What  did  you  do  with  him  when  you  took  him  out? 

I took  him  to  his  cell  and  locked  him  up  for  the  present. 
What  after  that  ? 

I whipped  him  the  night  following. 

When  is  this  whipping  done? 

Always  in  the  evening  after  supper,  about  dark. 

Then  he  had  given  evidence  of  being  a dangerous  man? 
Yes,  sir. 

Any  other  evidence  than  this  mentioned  ? 

His  general  deportment  was  of  that  character. 

Is  that  foreman  still  in  the  penitentiary? 

Yes,  sir ; his  name  is  Nacey. 

What  was  the  name  of  that  United  States  prisoner  who 


Mr.  McGrath: 
Mr.  Bradbury: 
Mr.  McGrath: 
Mr.  Bradbury: 
Mr.  McGrath : 
Mr.  Bradbury: 
Mr.  MeGrath: 
Mr.  Bradbury: 
Mr.  McGrath: 
Mr.  Bradbury: 
Mr.  McGrath: 

, Mr.  Bradbury : 
Mr.  McGrath: 
Mr.  Bradbury: 

Mr.  McGrath: 
was  removed? 

Mr.  Bradbury: 

Mr.  McGrath : 


Rodgers. 

Are  those  United  States  prisoners  still  there  that  the 
Marshal  examined  in  his  case? 

Mr.  Bradbury:  Yes,  sir,  except  a few  whose  time  had  expired. 

Mr.  McGrath : Do  you  think  statements  of  convicts  as  to  conspiracies 
sufficiently  reliable  to  act  upon  without  further  corroboration? 

Mr.  Brdbury:  No,  sir;  not  without  other  evidence  to  corroborate  it. 


Mr.  McGrath:  What  other  prisoners  were  engaged  in  that  conspiracy? 
Mr.  Bradbury : I can’t  call  their  names  without  referring  to  my  record. 
There  were  some  twelve  or  fifteen  of  them.  Some  of  them  were  locked  up  in 
solitary  confinement  for  from  thirty  to  sixty  days.  I don’t  think  I applied 
the  lash  to  any  of  them. 


91 


Did  any  or  all  of  them  admit  their  participation  in  this 

Mr.  Bradbury : A portion  of  them  did. 

Mr.  McGrath : Did  you  tell  Stanton  you  were  going  to  take  him  out  of 
his  cell  to  punish  him? 

Mr.  Bradbury : No,  sir. 

Mr.  McGrath:  Were  they  all  locked  up  simultaneousy. 

Mr.  Bradbury:  Yes,  sir. 

Mr.  McGrath : Did  you  have  any  reason  to  believe  Stanton  was  any 
more  deeply  implicated  in  organizing  that  conspiracy  than  any  of  the  others 
were  ? 

Mr.  Bradbury : No,  sir,  I did  not. 

Mr.  McGrath : What  was  Stanton  doing  when  you  locked  him  up  ? 

Mr.  Bradbury : I took  Stanton  from  his  cell. 

Mr.  McGrath:  Did  you  take  him  down  yourself? 

Mr.  Bradbury : I was  present. 

Mr.  McGrath : How  did  he  come  into  possession  of  the  knife  ? 

Mr.  Bradbury:  He  took  it  from  the  shop  where  he  was  at  work.  It  is 
not  the  duty  of  the  guard  to  search  the  prisoners  personally,  and  any  priso- 
ner might  take,  a knife  with  him. 

Mr.  McGrath  : From  your  experience  in  that  case,  have  you  taken  any 
precaution  to  guard  against  their  doing  this  ? 

Mr.  Bradbury:  We  have  a general  order  hanging  up  in  the  shop  pro- 
hibiting it. 

Mr.  McGrath : Did  you  ever  resort  to  this  method  for  taking  a prisoner 
out  before? 

Mr.  Bradbury : Yes,  sir ; several  times  on  similar  occasions ; I have 
practiced  it  for  twenty  years  and  it  has  never  been  attended  with  similar 
results. 

Mr.  McGrath : What  system,  if  any,  has  been  adopted  for  inspecting 
either  the  quality  or  quantity  of  articles  purchased  for  the  use  of  the  Peni- 
tentiary ? 

Mr.  Bradbury : There  is  a commissary  man  who  attends  to  the  commis- 
sary department ; he  takes  the  invoices,  weighs  the  goods,  checks  them  off, 
notes  notes  shortage  and  returns  the  invoices  to  the  office. 

Mr.  McGrath:  Have  you  ever  heard  of  any  irregularities  or  abuses 

(existing  there  in  regard  to  the  reception  of  those  goods? 

Mr.  Bradbury : I have  never  heard  of  any  abuses,  but  I know  of  short- 
ages being  reported  to  the  Warden. 

Mr.  McGrath  : From  whom  are  these  principal  purchases  made? 

Mr.  Bradbury : I don’t  know,  but  of  parties  in  St.  Louis. 


92 


Mr.  Britts : If  beef  was  discovered  to  be  spoiled  after  it  had  been  re 
ceived,  at  whose  loss  was  it? 

Mr.  Bradbury:  My  understanding  is  that ' it  was  charged  back  to  the 
beef  contractors  by  the  commissary,  Peter  Willis. 

Mr.  McGrath : What  do  you  know  of  the  employment  of  prisoners  on 
Sunday,  and  the  necessity  for  such  employment? 

Mr.  Bradbury : I know  there  have  been  a number  employed,  varying 
owing  to  the  necessity,  not  averaging  twenty ; in  all  the  factories  they  have 
more  or  less  machinery  which  occasionally  needs  repairing,  and  our  boiler 
has  to  be  cleaned ; this  occurs  every  Sunday ; the  tanneries  require  from  four 
to  five  men  to  raise  hides  from  the  lime. 

Mr.  McGrath : Do  you  consider  this  employment  absolutely  necessary  ? 

Mr.  Bradbury : I do. 

Mr.  McGrath:  Was  that  employment  voluntary? 

Mr.  Bradbury : It  was. 

Mr.  McGrath : What  was  the  result  of  this  order  of  the  Inspectors  ? 

Mr.  Bradbury : It  worked  detriment  to  the  State  and  also  to  the  con- 
tractors ; that  order  has  been  detrimental  both  to  the  interest  of  the  State 
and  the  contractors. 

Mr.  McGrath:  In  what  way  has  the  State  been  injured. by  that  order? 

Mr.  Bradbury:  We  have  lost  the  labor  of  an  average  of  forty  men 
every  Monday. 

Mr.  McGrath : How  often  in  the  last  two.  years  have  you  found  the  In- 
spectors visiting  the  Penitentiary  in  a body? 

Mr.  Bradbury:  I don’t  remeber,  but  it  is  so  seldom  I could  not  re- 
member previous  to  September,  1882. 

Mr.  McGrath : Could  the  Inspectors  make  an  inspection  of  the  prison 
without  your  knowledge  ? 

Mr.  Bradbury : They  could  not. 

Mr.  McGrath : When  they  did  come,  did  you  accompany  them  on  their 
tour  of  inspection  ? 

Mr.  Bradbury : I did  once  or  twice,  but  may  not  have  done  it  every 
time.  , 

Mr.  McGrath:  Please  state  what  the  nature  of  their  inspection  was? 

Mr.  Bradbury : They  walked  through  the  different  departments  of  the 
prison,  and  also  visited  the  hospital  and  the  sick. 

Mr.  McGrath : About  what  length  of  time  did  each  of  those  visits  con- 
sume? 

Mr.  Bradbury : From  two  to  three  hours. 

Mr.  McGrath:  From  your  knowledge  of  prison  life,  do  you  believe 
that  during  those  visits  they  could  acquire  the  knowledge  necessary  to  direct 
the  management  of  that  institution  ? 


93 


Mr.  Bradbury : I think  not. 

• Mr.  McGrath  : Is  it  not  a fact  that  the  management  of  that  institution 
is  primarily  in  the  hands  of  the  Board  of  Inspectors? 

Mr.  Bradbury : That  is  my  understanding. 

Mr.  McGrath : Do  you  believe  that  the  knowledge  gained  by  them  in 
those  inspections  is  sufficient  to  direct  properly  the  management  of  that  in- 
stitution ? 

Mr.  Bradbury  : I think  not. 

Mr.  McGrath : From  your  twenty-five  years’  experience  in  the  position 
you  now  hold,  do  you  believe  yourself  competent  to  pronounce  upon  that 
question  ? 

Mr.  Bradbury : I do. 

Mr.  McGrath : Then  you  think  they  could  not  ? 

Mr.  Bradbury : I do. 

Mr.  McGrath : Did  they  ever  suggest  to  you  anything  that  would  re- 
dound to  the  benefit  of  the  institution  ? 

Mr.  Bradbury : They  have  not. 

Mr.  McGrath : Do  you  know  if  they  have  ever  made  any  suggestions 
to  the  Warden? 

Mr.  Bradbury : I do  not. 

Mr.  McGrath:  Did  they  ever  tell  you  that  they  approved  of  your 
management  ? 

Mr.  Bradbury : They  have. 

Mr.  McGrath:  Did  they  ever  find  any  fault  with  the  management, 
either  with  regard  to  the  police  department  or  extravagance,  or  any  other 
irregularity,  up  to  last  September? 

Mr.  Bradbury:  No,  sir. 

Mr.  McGrath:  What  did  they  say  to  you  last  September  about  it? 

Mr.  Bradbury:  The  first  that  I knew  was  ’when  Mr.  Walker  asked  me 
if  there  were  any  irregularities  in  the  Penitentiary  and  saying  that  there 
were  a good  many  rumors,  and  they  were  going  to  look  after  them. 

Mr.  McGrath : Do  you  know  what  it  cost  the  State  to  run  that  Peni- 
tentiary for  the  two  years  prior  to  the  appointment  of  the  present  Warden? 

Mr.  Bradbury:  I do  not. 

Mr.  McGrath : Have  you  noticed  any  material  change  for  or  against 
the  interest  of  the  State  since  that  time? 

Mr.  Bradbury : The  change  has  been  vastly  in  favor  of  the  .State. 

Mr.  McGrath:  Have  you  heard  at  any  time  that  the  Warden  has  re- 
ceived consideration  for  the  disposal  of  the  patronage  of  that  institution, 
mainly  in  providing  sustenance  therefor  ? 

Mr.  Bradbury : I have  not. 


94 


Mr.  McGrath:  How  many  men  are  now  unemployed  in  the  Peni- 
tentiary ? 

Mr.  Bradbury:  At  this  season  of  the  year  about  one  hundred  and  fifty. 

Mr.  McGrath  : Why  are  they  unemplo}red? 

Mr.  Bradbmy : On  account  of  the  season. 

Mr.  McGrath : Are  there  as  many  men  employed  in  the  factories  as 
can  be  ? 

Mr.  Bradbury : Yes,  sir ; in  fact,  they  are  overcrowded  ; the  buildings 
are  not  large  enough. 

Mr.  McGrath : If  the  buildings  were  larger  could  you  profitably  em- 
ploy the  remainder  of  the  intelligent  labor  in  the  Penitentiary  ? 

Mr.  Bradbury:  We  could,  or  the  greater  part  of  it. 

Mr.  McGrath : Did  the  Inspectors  ever  ask  you  if  all  the  labor  was 
properly  utilized? 

Mr.  Bradbury : They  have  not. 

Mr.  McGrath:  Would  you  consider  it  a part  of  their  duty  to  make 
those  inquiries? 

Mr.  Bradbury:  I would. 

Mr.  McGrath:  Whose  duty  is  it,  the  Warden’s  or  the  Inspectors’,  to 
make  proper  provision  for  unemployed  labor  ? 

Mr.  Bradbury : I consider  it  a joint  duty. 

Mr.  Edwards : Might  the  Inspectors  not  have  met  as  a Board  in  the 
Warden’s  office,  without  you  knowing  it? 

Mr.  Bradbury:  Yes,  sir. 

Mr.  Edwards:  Have  you  noticed  either  of  these  Inspectors  going 
through  the  prison  by  themselves? 

Mr.  Bradbury:  I have,  but  can’t  say  how  often. 

Mr.  Edwards  : Have  you  ever  noticed  as  many  as  two  there  at  a time  ? 

Mr.  Bradbury:  I can’t  say  positively. 

Mr.  Britts:  How  have  the  Inspectors,  for  the  past  two  years,  com- 
pared with  the  Inspectors  of  previous  years  in  this  matter? 

Mr.  Bradbury : About  on  an  average. 

Mr.  Downing : Do  you  remember  shooting  a man  last  fall  ? 

Mr.  Bradbury:  I do ; I received  a report  from  shoe  shop  No.  1 that 
there  was  trouble  there  and  they  needed  me  ; on  arriving  in  the  shop  I found 
a prisoner,  Martin  Kaegna,  wfith  a large  shoeknife  in  his  hand,  defying  the 
authority  of  the  keepers;  I went  to  him  and  ordered  him  out  of  the  shop, 
when  he  drew  the  knife  on  me  and  told  me  if  I approached  him  he  would 
kill  me ; I drew  my  revolver  on  him  and  he  ran  out  of  the  shop,  down  the 
steps  and  into  the  yard ; I followed  him  down  and  he  made  a stand  in  the 
yard,  and  as  I approached  him  he  came  at  me  with  a knife  and  I shot  him ; 
the  ball  took  effect  in  the  abdomen,  but  he  has  recovered  and  is  now  well ; 


95 


this  matter  was  investigated  by  the  Board  of  Inspectors  at  the  time  ; this  is 
the  only  case  in  the  last  two  years  that  I have  had  to  use  my  revolver. 

W.  H.  BRADBURY. 

January  30,  1883. 

* 

“EXHIBIT  C.” 


State  of  Missouri, 

County  of  Cole. 

Office  of  the  Inspectors  of 
the  Missouri  Penitentiary, 

September  28tli,  1882. 

Depositions  of  witnesses  taken  on  examination  into  the  management  and 
affairs  of  the  Missouri  Penitentiary  by  the  Board  of  Inspectors  thereof,  under 
the  provisions  of  Sec.  6515,  Revised  Statutes: 

Wm.  H.  Bradbury,  being  duly  sworn  upon  his  oath,  says: 

I am  Assistant  Warden  of  the  Missouri  Penitentiary ; I have  been  acting 
in  that  capacity  continuously  for  twelve  years  ; I have  been  Assisiant  Warden 
all  the  time  during  1881  and  1882  up  to  this  time ; my  duties  are  to  take  en- 
tire charge  of  the  police  department  of  the  penitentiary;  my  duties  are 
chiefly  inside  the  walls ; I go  entirely  through  the  prison  every  day,  and 
visit  the  dining-room  and  commissary  department  every  day ; as  a rule  I am 
about  the  dining-room  at  mealtimes ; I frequently  visit  the  kitchen ; I gen- 
erally observe  the  meat  and  provisions  that  are  taken  to  the  commissary  de- 
partment, and  also  that  which  is  taken  to  the  kitchen ; in  the  early  part  of  the 
summer,  1881,  cut  meat  was  frequently  received  at  the  penitentiary  from  up 
the  railroad,  from  what  place  I do  not  know  ; on  several  occasions  the  meat 
was  reported  to  me  as  being  spoilt ; I examined  it  and  found  it  so  ; I never 
allowed  any  of  it  to  be  cooked  that  I knew  of,  but  threw  it  away  ; I frequently 
reported  this  fact  to  the  Warden;  his  instructions  to  me  was  to  always  have 
it  thrown  away  whenever  I found  it  spoilt ; I did  as  he  instructed  ; if  spoilt 
meat  had  been  cooked  there  is  no  doubt  that  I would  have  known  it,  particu- 
larly if  it  had  heen  put  upon  the  table,  for  the  fact  would  have  been  reported 
to  me  by  the  convicts  in  the  way  of  complaint ; convicts  have  reported  to  me 
that  the  meat  was  not  good,  but  upon  examination  I have  found  the  com- 
plaints without  foundation ; I cannot  say  positively  when  the  last  cut  meat 
was  received  ; I think  some  time  last  winter,  probably  about  a year  ago  ; I 
do  not  know  what  quantity  was  received ; my  impression  is  that  from  400  to 
500  pounds  was  received  at  a time;  it  was  in  warm  weather  when  the  tainted 
meat  was  received. 

I have  stated  above  all  I know  about  the  meat  question  ; the  convicts  are 
atfull  liberty  to  complain  to  me  about  the  quality  of  their  food;  Mr.  Lewis, 


96 


the  steward,  reported  to  me  about  the  meat ; he  came  to  me  and  reported  that 
the  meat  was  tainted,  spoilt  and  unfit  for  use  ; on  several  occasions  he  made 
this  complaint  to  me,  I cannot  say  how  often ; I examined  the  meat  each  time 
that  he  complained ; I examined  the  meat  in  the  commissary  while  on  the 
scales ; the  meat  wras  generally  in  small  pieces — some  neck  pieces,  shanks, 
shouldei’s  and  small  pieces  of  all  parts  of  the  beef  as  it  had  been  cut  up ; 
some  convicts,  but  no  other  officer  except  Mr.  Lewis,  called  my  attention  to 
this  beef ; Mr.  Lewis  more  than  once  called  my  attention  to  the  beef  after  it 
had  reached  the  cooking  department ; I mean  the  damaged  meat  before  it 
was  cooked ; on  several  occasions  my  attention,  was  thus  called ; I remember 
on  one  occasion  my  attention  was  called  to  it  after  it  was  in  the  kettle  cook- 
ing, and  I ordered  the  whole  batch  thrown  away  and  salt  meat  substituted  for 
it ; I remember  distinctly  that  this  occurred  once ; but  don’t  remember 
that  it  occurred  more  than  once  ; I would  not  state  positively  that  this  did 
not  occur  more  than  once ; I remember  that  my  attention  was  called  to  it 
more  than  once  while  on  the  carving  table,  after  it  left  the  kettles. 

In  summer  weather  prisoners  frequently  complain  of  getting  hold  of 
tainted  meat ; about  the  time  that  I refer  to  prisoners  frequently  complained 
of  sour  hash ; I refer  to  the  time  of  the  receipt  of  cut  meat ; all  the  cut 
meat,  I think,  was  cooked  up  into  hash ; the  hash  was  made  of  heavy  por- 
tions of  potatoes,  onions  and  bits  of  light  bread  left  from  the  table  from 
meals  before,  added  to  the  meat ; the  reason  this  meat  was  put  into  hash, 
was  because  it  was  not  such  meat  as  would  cut  to  advantage  for  dinner ; 
when  I reported  to  the  Warden  about  this  spoilt  cut  meat,  he  went  with  me 
and  examined  it,  and  gave  special  orders  whenever  I found  any  such  meat, 
that  is  spoilt  meat,  to  throw  it  away ; the  Warden  went  with  me  on  two  occa- 
sions to  examine  this  spoilt  meat ; it  might  have  been  oftener,  I don’t  remem- 
ber ; I think  this  cut  beef  is  worth  35  per  cent,  of  the  beef  we  receive  on 
foot,  which  beef  is  required  to  net  50  per  cent ; if  the  hundred  pounds  of 
the  net  beef  which  we  receive  on  foot  is  worth  one  dollar,  I consider  this  cut 
beef  worth  35  cents ; I wish  to  state  that  it  does  not  necessarily  follow  that 
because  the  hash  is  sour  that  the  meat  was  spoilt  before  it  was  cooked ; it 
occurs  sometimes  when  the  meat  is  good ; the  Warden  has  turned  over  to  me 
the  entire  control  of  the  police  department  of  the  Penitentiary,  and  authority 
to  inflict  punishment,  with  instructions  to  use  the  lash  as  little  as  possible,  to 
enforce  discipline ; on  several  occasions  when  I had  a very  ungovernable 
convict  to  punish,  I have  called  on  the  Warden  to  witness  the  punishment 
inflicted,  to  confer  with  me  as  to  the  amount  of  punishment  to  be  inflicted, 
as  the  punishment  progressed ; my  understanding  is  that  there  are  about 
75  or  80,  foremen,  contractors  and  employes,  who  use  the  barber  shop,  and 
they  pay  50  cents  per  month  for  the  same  to  Ralph  Willis,  out  of  which  he 
pays  for  razors,  soap,  towels*  etc.  ; I know  nothing  of  what  becomes  of  the 


97 


residue;  three  men  are  employed  in  the  barber  shop — two  as  barbers  and 
one  as  boot  black. 

Subscribed  and  sworn  to. 

W.  H.  BRADBURY. 

R.  D.  Willis,  being  duly  sworn,  testifies  as  follows:  With  the  excep- 
tion of  about  a year  since  the  15th  of  June,  1873,  I have  been  connected 
with  the  Penitentiary.  I hold  the  position  of  clerk.  I have  held  that  posi- 
tion since  January  24,  1877.  My  salary  now  is  $125  per  month.  There  is 
a barber  shop  kept  in  the  upper  story  of  the  round  house.  There  are  three 
convicts  employed  in  it,  tw'o  barbers  and  one  boot-black.  This  barber  shop 
has  been  operated  ever  since  I have  been  connected  with  the  Penitentiary. 
There  has  always  been  from  two  to  three  men  employed  in  the  shop.  A part 
of  the  officers  and  guards,  some  of  the  contractors,  and,  I think,  four  shoe 
shop  foremen  are  shaved  and  have  hair  trimmed  and  boots  blacked  in  this 
shop.  In  all,  about  thirty  or  thirty-five  men  use  this  shop,  on  an  average  per 
month.  The  only  men  who  pay  for  the  use  of  the  shop  are  the  guards,  the 
shoe  shop  foremen  referred  to,  the  commissary,  steward,  yard  masters  and 
the  superintendent  of  the  stable.  Each  of  these,  men  pay  fifty  cents  per 
month.  The  average  receipts  of  the  shop  are  about  $15  dollars  per  month. 
I have  had  control  of  this  shop  since  March,  1877,  and  have  collected  these 
amounts  from  the  men  who  use  this  shop.  From  the  sums  of  money  col- 
lected, I paid  out  the  cost  of  furniture  in  the  shop,  the  tools,  fixtures  and 
monthly  supplies  of  soap,  towels,  blacking,  brushes  and  everything  necessary 
for  the  running  of  a barber  shop.  The  monthly  expenses  vary  from  six  to 
ten  dollars  per  month.  In  addition  to  this  I paid,  about  three  years  ago,  for 
the  two  chairs  and  two  stools  now  in  the  shop,  sixty  dollars.  The  surplus  of 
profits  or  receipts  over  expenditures  run  from  seven  to  nine  dollar  per 
month.  This  surplus  I have  retained.  I have  done  all  the  purchasing  and 
paid  for  the  supplies.  Since  I have  been  acquainted  with  the  Penitentiary, 
some  one  of  the  employes  has  been  designated  to  take  charge  of  the  barbar 
shop.  When  1 came  into  office  in  .1877,  the  shop  wa^,,  destitute  of  furniture 
and  tools.  I was  selected  to  take  charge  of  the  shop  and  mange  it,  and  1 
continued  to  do  so  until  the  Inspectors’  investigation.  There  are  frequently 
visitors  and  contractors  who  are  shaved  and  who  do  not  pay  anything  unless 
they  pay  it  to  the  convict  who  shaves  them.  I mean,  by  being  selected,  that 
I was  selected  by  the  employes.  The  Warden  and  the  other  officers  and  em- 
ployes had  full  knowledge  of  how  the  barber  shop  was  run,  and  the  Warden  con- 
sented. On  the  time  reports,  the  time  of  these  men  is  kept  as  barbers.  There 
\ are  other  barbers,  I think  five,  who  are  employed  to  shave  the  convicts.  The 
1 three  barbers  employed  in  the  round  house  shop  do  no  work  outside  of  that 

c r p — 7 


98 


sh6p.  Onty  those  who  shave  regularly  in  the  shop  pay  the  fifty  cents  per 
month.  Others  use  it  occasionally  who  do  not  pay.  I kept  no  book  account 
of  the  receipt  or  expenditures. 

I have  received  in  the  neighborhood  of  $360  from  the  shop  in  the  last 
two  years.  I have  kept  the  shop  supplied  with  razors,  hones  and  everything 
necessary  in  a first-class  shop.  My  expenses  varied  from  six  to  ten  dollars 
per  month.  My  surplus  during  this  time,  over  and  above  expenses,  would 
amount  to  about  $125.  This  I have  retained  and  never  paid  any  part  of  it 
to  the  State.  The  proceeds  of  this  shop  are  now  credited  to  the  account 
known  as  the  barber  shop  account.  These  three  men  were  kept  solely  for 
the  accommodation  of  the  barber  shop.  Had  these  men  been  employed  in 
other  business  their  labor  would  have  been  worth  from  40  to  45  cents  p.er 
day.  When  we  received  an  order  from  the  Inspectors  recently  to  credit  the 
proceeds  to  the  State,  I turned  over  all  the  property  of  the  barber  shop  to 
the  State,  without  recompense.  The  furniture,  razors,  etc.,  were  worth  from 
$150  to  $175. 

We  went  camp-hunting  once  every  fall  and  took  with  us  a wagon  and 
team  belonging  to  the  State,  except  this  last  Fall.  We  are  generally  gone 
from  seven  to  nine  days.  I was  in  the  employ  of  the  State  at  this  time.  We 
were  always  accompanied  by  one  of  the  Inspectors  until  the  Fall  of  1881. 
In  the  Fall  of  1881,  we  were  accompanied  by  a clerk  in  the  Auditor’s  office 
and  the  Commissioner  of  Permanent  Seat  of  Government.  We  had  the  per- 
mission of  the  Inspectors  to  use  the  wagon  and  team  every  fall  that  we  took 
them.  The  Warden  always  required  us  to  get  the  permission  of  the  Inspec- 
tors before  we  could  get  the  team.  This  was  the  Jefferson  City  Hunting  and 
Wishing  Club,  of  which  Gen.  H.  Clay  Ewing  is  President  and  J.  T.  Sears 
; Secretary  and  Treasurer.  The  State  was  not  benefitted  in  any  way  that  I 
know  of  by  these  trips. 

Mr.  Downing:  Do  you  know  of  any  property,  provisions,  fuel  or  forage 
baying  been  sold  to  the  employes  of  the  Penitentiary  ? 

Mr.  Willis:  Idov, 

Mr.  Downing:  To  what  extent? 

Mr.  Willis : I know  of  fuel  and  forage  having  been  sold  to  a few  of 
the  employes  during  the  year  1881,  and  probably  some  few  items  during  the 
last  year.  Some  time  during  the  months  of  January,  February  and  March, 
1881,  we  sold  some  little  wood  and  coal  to  employes  of  the  Penitentiary.  I 
don’t  think  we  have  sold  things  to  employes  every  month  for  the  past  two 
years.  During  the  first  six  months  of  1881  we  sold  some  forage  and  fuel  to 
employes.  We  have  never  given  the  employes  any  fuel  or  forage.  It  was 
all  paid  for.  We  have  never  sold  the  employes  any  manufactured  articles. 
I am  acquainted  with  J.  B.  Tolen.  He  has  charge  of  receiving  and  shipping 


99 


of  freights,  general  charge  of  the  teams  and  of  the  stables  and  stable  hands. 
I am  somewhat  familiar  with  his  books. 

(Witness  handed  coal  book. ) 

Mr.  Downing : Can  you  state  how  the  leaves  came  to  be  torn  out  of 
the  coal  book  from  pages  84  to  91? 

Mr.  Willis : No,  sir.  I did  not  know  they  were  out  until  a few  days  ago. 

(Witness  here  handed  stable  book.) 

Mr.  Downing : Can  you  state  how  leaves  came  to  be  torn  out  of  the 
stable  book  between  pages  60  and  65  ? 

Mr.  Willis : No,  sir.  I never  knew  they  were  out  until  informed  by 
my  father  a day  or  so  since. 

Mr.  Downing:  Did  you  ever  sell  or  give  away  any  fuel  or  provisions, 
belonging  to  the  Penitentiary,  to  any  one  other  than  the  employes  of  the 
Penitentiary.  If  so,  to  what  extent? 

Mr.  Willis:  Yes,  sir,  we  did,  to  a very  limited  extent.  My  recollection 
is  that,  with  the  exception  of  the  contractors,  it  was  only  in  four  or  five 
cases.  We  have  sold  hay  to  Dr.  Winston.  Capt.  Bradbury  and  Col.  Gates, 
and  fuel  to  Mr.  Gray,  Mr.  Rowland,  Thos.  Bradbury,  H.  C.  Scruggs,  P.  M. 
Willis,  P.  H.  Krump,  R.  P.  Lamb,  S.  P.  Garrett,  . BF.  Clark,  R.  S.  Tarleton 
and  some  others  probably  whbse  names  I do  not  remember.  These  were  all 
employes  of  the  Penitentiary,  except  Col.  Gates.  We  have  furnished  the 
Governor’s  mansion  with  fuel,  the  State  Journal  office,  the  different  steam- 
boats used  by  the  Penitentiary,  nearly  all  of  the  contractors,  Mr.  Lyons, 
some  foremen  in  the  shoe  shops  whose  names  I do  not  remember,  and  Mrs. 
M.  L.  Long,  all  of  which  has  been  paid  for.  From  April  to  September, 
1882,  we  furnished  the  Journal  office  about  212  bushels  of  coal,  which  was 
paid  for  at  the  rate*of  15  cents  a bushel.  Capt.  Todd  only  had  two  horses 
kept  at  the  expense  of  the  State.  The  stable  books  show  that  on  the  1st 
day  of  May,  1882,  Capt.  Todd  had  9 horses  at  the  stables,  8 on  the  4th,  6 
from  the  8th  to  the  20tli  and  2 from  the  20th  to  the  31st.  The  stable  books 
show  that  they  were  kept  at  the  expense  of  the  State.  This  number  of 
horses  were  really  never  inside  of  the  Penitentiary  stables.  Mr.  Todd 
obtained  permission  from  the  Warden  to  use  for  a time  the  old  and  abandoned 
prison  stable  for  the  purpose  of  getting  together  a car  load  of  horses  to  be 
shipped  and  sold  on  his  private  account.  Through  a mistake  of  Mr.  Tolin 
this  charge  appears  on  the  stable  book  kept  at  the  Penitentiary  stable.  He 
could  never  give  any  satisfactory  statement  as  to  why  he  kept  it,  but  that  he 
thought  he  should  keep  an  account  of  everything  that  came  on  the  State 
premises.  The  books  of  the  Penitentiary  show  that  all  fuel,  forage  and 
manufactured  articles  sold  have  been  paid  for  and  the  amonitnts  credited  to 
the  proper  account.  We  have  made  some  bad  debts  on  the  sales  to  parties 


loo 


outside  the  Penitentiary.  The  amount  will  not  exceed  $60.  The  open 
accounts  on  our  books  will  not  exceed  $500. 

Mr.  Downing.  How  many  convicts  are  doing  domestic  service  outside 
of  the  prison  ? 

Mr.  Willis : Three  and  sometimes  four  in  the  Warden’s  family  and  the 
same  number  at  the  Deputy  Warden’s.  These  are  all  females,  except  one1 
male  at  each  place.  There  are  three,  six  and  sometimes  a greater  number  at 
the  Governor’s  mansion.  I suppose  the  number  will  average  less  than  four. 
They  are  all  males. 

Mr.  Downing : What  rations  are  iss'ued  to  these  convicts  outside  of  the 
prison  as  domestics? 

Mr.  Willis : The  regular  army  rations  and  no  more. 

Mr.  McGrath:  Please  examine  your  books  and  make  an  estimate  of 
all  labor,  skilled  and  unskilled ; also,  materials  of  every  description  used  in 
the  performance  of  work,  in  repairing  old  or  erecting  new  buildings,  repair- 
ing streets,  etc.  ; also,  all  hauling  and  work  of  every  description  rendered  to 
the  State,  and  for  which  no  compensation  has  been  received  ? 

Mr.  Willis : In  answer  to  that,  I submit  the  following  abstract  from 
our  books : 


EXECUTIVE  MANSION. 


Brooms 

Hauling  coal,  wood,  manure,  ice,  sawdust,  dirt,  etc 

Iron  work,  wheelbarrows,  etc. , at  wagon  shop 

Brick  for  ice  house,  repairs  sewer,  etc ; 

Fire  brick  for  furnace,  sewer  pipe  for  sewer,  cement  for; 
repairs , etc I 

Tinning  account  for  2 years , etc I 

Nails  for  ice  house  repairs,  etc j 

Victor  Zuber  work  at  Mansion j 

Skilled  labor  at  ice  house 

313  days  convict  labor  at  ice  house  at  45c 

2,488  days  cbnvict labor  regular  at  Mansion  at  45c j 

261  days  convict  labor  extra  at  Mansion  at  45c 


$ 140  85 
1,119  60 
117  45 


$ 10  35 
295  27 
23  65 
295  67 


16  10 
34  18 
6 40 
10  55 
72  50 


1,377  90 


Total 


$2,142  57 


101 


PERMANENT  IMPROVEMENTS  AND  GENERAL  REPAIRS 


1,500,000  brick  used  in  repairs  to  new  cell  building,  ex- 
tending harness  shop,  new  smoke  stack,  addition  to 
collar  and  broom  shop , extension  of  Warden’s  house, 
new  cisterns,  oil  houses  and  general  repairing,  Sulli- 
van’s engine  house,  retaining  walls,  etc. , at  f 5 per  M. 

Cut  stone,  sills,  caps,  jams,  paving,  etc.,  used  in  erec- 
tion and  repairs  of  above  buildings 


$7,500  00 


1,304  45 


Iron  work  and  rods  made  in  wagon  shop  for  anchor  rods 

and  brace  stays  in  building 

Macadam  and  riprap  used  for  foundations  and  filling  in, 

above  buildings 

Material,  pitch  roofing,  paper,  cement,  lime,  gravel, 
glass,  lumber,  irou  work,  etc.,  used  in  construction 
of  above  buildings  and  paid  from  earnings 

Hauling  1,200,000  brick  in  1881  from  old  brickyard  at  $1. . $1,200  00 

Hauling  300,000  brick  in  1882  from  new  brickyard  at  70c. . . 210  00 


Hauling  3,000  loads  material  and  refuse  (estimate)  at  35c. . 


1,050  00 


Hauling  800  loads  of  sand  at  35c 

Hauling  55  cars  gravel,  lumber,  lime,  pitch,  paper, 
machinery,  cement,  etc.,  at  $3 


2S0  00 

165  00 


107  50 


60  00 


9,308  75 


Hauling  950  loads  of  rock  at  35c 


332  50 


3150  days  convict  labor  employed  in  boating  sand  and 
wood  at  45c 


$ 1,417  50 


3,237  50 


36,025£  days  convict  labor  on  improvements  at  40c 


14,410  20 


15,827  70 


Total 


$37,345  90 


102 


MAIN  STREET  SEWER  ACCOUNT. 


1,200  brick  at  $5 

Lumber 

Mortar 

Stone . 

Sand 

Macadam 

Hauling  80  loads  mortar,  stone,  sand,  macadam  at  35c.. . $ 28  00 

Hauling  190  loads  dirt,  cinders  and  brick  at  50c — 95  00 

Three-fourths  month  skilled  labor  at  $83-33. 

231  days  convict  labor  at  45c 

Total 


$ 60  00  * 

4 00 

5 85 
65 

3 25 
42  25 


123  00 
62  50 
103  95 
$405  45 


PERMANENT  SEAT  OF  GOVERNMENT. 


Brooms - .' 

$ 8 75 

62  95 

7 00 

4 50 

586  35 

Hauling  coal 

Two  cords  wood 

Work  on  two  trucks 

1 ,303  days  convict  labor  at  capitol  at  45c 

Total 

$669  55 

103 


RECAPITULATION . 


$ 2,142  57 

37,345  90 

405  45 

669  55 

Brick 

$ 7,855  67 

1,304  45 

Stone 

Tmn  wort 

135  64 

Macadam 

102  25 

Matprial * 

9,408  83 

3,718  72 

Hauling 

7 00 

^uel 

Skilled  labor . 

135  00 

Convict  labor 

17,895  90 

Mr.  Britts : Does  this  statement  include  all  the  work  you  have  clone  for 
the  State  that  you  were  not  paid  for  ? 

Mr.  Willis  : Yes,  sir.  R.  D.  WILLIS. 

March  1,  1883. 

W.  M.  Todd,  being  duly  sworn,  testifies  as  follows : I am  yardmaster  at 
the  penitentiary  ; have  been  connected  with  the  penitentiary  nearly  all  the  time 
since  1871 ; my  duties  are  to  attend  to  dressing  the  men  in  and  out  of  the 
the  prison  ; I keep  the  time  of  the  officers  and  guards  of  the  prison  ; priso- 
ners are  punished  for  offenses  against  the  rules  of  the  prison  by  confinement 
in  the  dungeon,  being  fed  on  short  rations,  and  sometimes  they  use  the  lash 
on  them ; for  refusing  to  work  they  are  sometimes  sent  to  the  dungeon, 
sometimes  placed  in  solitary  confinement,  and  sometimes  are  whipped ; Capt. 
Bradbury  has  charge  of  this  matter  ; the  officer  who  reports  the  man  and  the 
foreman  are  examined  before  the  punishment  is  inflicted ; when  men  are 
dressed  in  they  are  informed  of  the  rules  of  the  prison,  and  shown  the  rules 
and  regulations  and  told  the  result  of  non-compliance  with  them  ; the  rules  do 
not  specify  the  punishment  for  violations  ; the  Warden  and  Deputy  Warden 
fix  that ; the  rules  are  signed  by  the  Inspectors  ; when  a prisoner  violates  a 
rule  he  does  not  know  what  punishment  will  be  inflcted  for  the  violation  ; I 


104 


think  possibly  one  or  two  women  have  been  whipped  in  the  last  two  years  ; 
the  whipping  is  done  in  a room  between  the  gates  ;we  frequently  discussed 
this  matter  among  us,  and  we  know  of  no  other  method  of  punishment  so 
effectual  in  preserving  discipline  as  whipping ; there  is  not  so  much  whipping 
done  now  as  formerly  ; at  present  it  is  only  resorted  to  in  extreme  cases  ; I 
don’t  notice  much  difference  in  the  conduct  of  prisoners  in  the  last  two 
years  as  compared  with  former  years. 

Mr.  Downing:  State  whether  or  not  you  have  had  any  horses  kept  at  the 
penitentiary  stables,  at  the  expense  of  the  State,  during  the  last  two  years? 

Mr.  Todd : I have  not ; I have  kept  some  horses  there,  but  always  paid 
for  them.  Last  season  I had  some  six  or  seven  head,  which  1 kept  at  the 
old  stable.  I bought  the  feed  and  had  them  fed  myself.  This  was  in  May 
or  June.  When  I made  my  contract  for  services,  it  was  agreeed  that  I 
should  keep  one  horse  at  the  State  stable.  For  about  three  months  in  the’ 
winter  I had  no  horse  there,  and  in  lieu  of  this,  for  about  six  weeks  in  the 
spring  I kept  two  horses.  I have  never  kept  any  horses  there,  nor  has  the 
State  ever  furnished  me  any  feed,  except  as  here  stated. 

W.  M.  TODD. 

March  5,  1883. 

J.  S.  Sullivan,  being  duly  sworn,  testifies  as  follows:  I am  a contrac- 
tor in  the  Missouri  Penitentiary  and  am  engaged  in  the  manufacture  of  sad- 
dle-trees. In , 1882,  the  Inspectors  issued  an  order  prohibiting 

any  contractor  from  having  the  use  of  any  convict  labor  on  Sunday  for  any 
purpose.  We  tan  hides  and  these  hides  have  to  be  attended  to  on  Sunday, 
the  same  as  any  other  day,  on  account  of  the  putting  in  liquors  and  handling 
while  in  the  liquors.  Saddle-trees,  being  covered  with  rawhide  on  Saturday, 
have  to  have  the  seams  rubbed  and  be  put  in  dry-rooms  on  Sunday,  other- 
wise they  become  damaged  and  have  to  be  sold  as  second  class  goods.  We 
have  had  to  lay  up,  since  the  Inspectors  issued  the  order,  men  to  the  amount 
of  528  days,  at  4.5  cents  a day,  which  amounts  to  $237.60  as  a loss  to  the 
State.  Jacob  Straus  & Co.  inform  me,  they  being  tanners,  that  they  have 
laid  up  about  300  days  since  that  order,  at  45  cents  a day,  which  would  be 
$135  as  a loss  to  the  State.  For  the  convicts  we  worked  on  Sunday,  we  did 
not  work  them  as  convicts  hired  from  the  State,  but  paid  the  convicts  them- 
selves at  the  rate  of  45  cents  a day,  and  they  did  the  work  voluntarily.  This 
voluntary  labor  on  Sunday  enabled  us  to  work  the  convicts  on  Saturday, 
which  we  cannot  now  do.  We  have  more  machinery  than  everybody  else  in 
the  Penitentiary,  and  often  machinery  breaks  and  sometimes  has  to  be  re- 
moved from  one  part  of  the  shop  to  another,  and  if  not  allowed  labor  to 
help  move  it  and  handle  it  on  Sunday,  we  would  have  to  lay  up  part  and  pos- 
sibly all  of  our  hands  on  week  days.  J.  S.  SULLIVAN. 

February  14,  1883. 


105 


W.  B.  Palmore,  being  duly  sworn,  testifies  as  follows:  I am  a minister 
of  the  gospel,  and  also  Chaplain  of  the  penitentiary,  which  position  I have 
held  for  three  years.  I preach  in  the  male  department  once  a week  on  Sunday 
at  3 p.  m.  Generally  I preach  in  the  female  department  at  7 o’clock  Sunday 
evenings,  but  sometimes  we  hold  prayer  meetings,  instead.  Occasionally  we 
hold  prayer  meetings  in  the  male  department.  In  the  discharge  of  my  duty  as 
Chaplain  I am  called  there  frequently.  I have  been  there  frequently  at 
meals  and  find  their  food  good,  and  they  all  express  themselves  to  me  as  well 
satisfied  with  both  the  quality  and  quantity.  I have  visited  a number  of 
prisons  in  this  country  and  in  the  old  world,  and  so  far  as  the  food  is  con- 
cerned, I consider  that  this  prison  compares  very  favorably  with  them.  So 
far  as  I can  ascertain  the  prisoners  are  well  treated  in  every  respect  except 
the  facilities  for  preaching  to  and  teaching  them.  I do  not  think  they  are 
treated  -well  in  that  respect,  for  the  reason  that  there  is  no  proper  place,  in 
my  judgment,  to  teach  them.  Their  interests  demands  a place  where  they 
can  be  properly  preached  to  and  taught,  in  my  judgment.  In  my  judgment  a 
Chaplain  should  be  employed  to  devote  all  his  time  to  preaching  to  them  and 
teaching  them.  I have  charge  of  the  appropriations  made  by  the  State  for 
librar}7-  purposes.  It  amounted  to  $250  per  year  for  1881  and  1882.  I ex- 
pended it  in  procuring  books  which  I thought  would  be  suitable  for  them.  I 
think  we  have  about  3,000  volumes  in  . the  library.  There  is  a prisoner  who 
delivers  their  mail  to  them,  and  who  also  has  charge  of  the  library  and 
changes  their  books.  Every  cell  has  a large  minion  type  reference  Bible,  and 
there  are  Testaments  and  Psalms  in  very  large  type  for  the  older  ones.  I 
begged  outside  of  the  appropriation  of  the  State  for  library  purposes,  and 
have  given,  myself,  about  $350  worth  of  books  within  the  last  eighteen 
months.  W.  B.  PALMORE. 

February  8,  1883. 

W.  S.  Pope,  being  duly  sworn,  testifies  as  follows : I reside  in  Jefferson 
City.  I am  a lawyer  by  profession.  I came  here  in  the  fall  of  1874.  I am 
acquainted  with  J.  R.  Willis,  Warden  of  the  Penitentiary.  I have  known 
him  since  1873. 

Mr.  Downing : Do  you  know  of  your  own  knowledge,  whether  or  not, 
scrap  or  tainted  meat  was  used  in  the  Penitentiary  during  the  last  two  years? 

Mr.  Pope  : I do  not. 

Mr.  Downing:  Did  Mr.  Willis,  the  Warden,  ever  admit  that  he  did  use 
any  such  meat  to  you  or  anyone  in  your  presence? 

Mr.  Pope : He  did  not. 

Mr.  Downing:  Do  you  know  of  your  own  knowledge,  whether  or  not, 
any  bonus  was  paid  by  John  W.  Gordon  to  Waddy  Thompson  on  any  meat 
contract  within  the  last  two  years  ? 


106 


Mr.  Pope : I clo  not. 

Mr.  Dowing : Did  John  Gordon  ever  admit  in  your  presence  or  to  you 
that  he  had  paid  a bonus  to  Waddy  Thompson  on  a meat  contract  for  the 
Penitentiary  ? * 

Mr.  Pope:#  I heard  him  say  at  Mr.  Thomas’  store  that  he  had.  I 
don’t  know  who  was  present.  He  stated  to  me  that  he  had  paid  him  money 
in  connection  with  the  beef  contract.  I can’t  say  that  the  word  “bonus” 
was  used.  I think  the  conversation  was  in  September,  1882. 

Mr.  Downing : Do  you  know  of  your  own  knowledge,  whether  or  not, 
Mr.  Willis  was  interested  in  this  bonus  or  money  consideration  that  you 
speak  of? 

Mr.  Pope : I do  not. 

Mr.  McGrath:  Do  you  know  of  his  having  been  interested  in  any 
other  money  transaction  with  the  contractors  ? 

Mr.  Pope : I do  not. 

Mr.  Downing : Do  you  know  of  your  own  knowledge,  whether  or  not, 
Mr.  Willis  has  permitted  the  convicts  and  teams  of  the  Penitentiary  to  be 
used  on  his  brother’s  farm  in  Callaway  county? 

Mr.  Pope  : I do  not. 

Mr.  Downing : Do  you  know  of  your  own  knowledge,  whether  or  not, 
the  State  teams  were  used  for  hunting  expeditions  by  the  Warden’s  friends? 

Mr.  Pope : I never  saw  them  out  on  hunting  expeditions. 

Mr.  Downing:  Have  you  ever  heard  Mr.  Willis  admit  to  you  or  to 
any  one  in  your  presence  that  the  State’s  teams  were  used  for  such  purposes? 

Mr.  Pope : 1 never  did. 

Mr.  Downing : Have  you  visited  the  Penitentiary  in  the  last  lwo  years  ? 

Mr.  Pope : I have  been  there  a very  few  times,  but  not  often. 

Mr.  Downing : Did  you  examine  any  of  the  beef  at  the  time  of  the 
visits  you  speak  of? 

Mr.  Pope : I didn’t  examine  it,  but  I thought  it  was  a very  good 
dinner  they  had.  The  meat  looked  good  and  smelled  good  and  I think  it 
was  good  meat. 

Mr.  Downing : Did  you  write  an  article  to  the  Globe-Democrat,  Jan- 
uary 20,  1883?  • 

Mr.  Pope : About  that  time  I did. 

Mr.  Downing:  Was  what  you  stated  in  that  article,  based  upon  your 
own  knowledge  of  the  facts  or  was  it  street  rumor? 

Mr.  Pope : It  was  not  of  my  own  knowledge  nor  was  it  street  rumor. 
It  was  on  my  information  and  belief. 

Mr.  Downing : From  what  source  did  you  get  your  information  ? 

Mr.  Pope : From  various  sources.  In  regard  to  the  farm  in  Callaway 
county.  I had  heard  farmers  who  lived  across  the  river  telling  about  it. 


107 


Mr.  Downing:  What  farmer  did  you  hear  speak  of  it? 

Mr.  Pope : I don’t  know  that  I could  give  their  names.  I know  their 
faces  and  know  that  they  live  across  the  river. 

Mr*  Downing:  Can  you  give  the  name  of  any  person  who  was  present 
at  sny  such  conversation? 

Mr.  Pope:  I can’t,  but  have  heard  it  discussed  at  Mr.  John  Craven’s 
store,  in  this  city. 

Mr.  Downing : Can  you  give  the  name  of  any  other  party  who  heard 
these  conversations? 

Mr.  Pope:  No;  I could  not. 

Mr.  Downing : From  what  other  source  did  you  get  information  with 
regard  to  matters  in  this  letter? 

Mr.  Pope:  On  the  3d  of  September,  1882,  I came  home  from  my  farm 
in  Miller  county,  after  having  been  absent  more  than  a month,  and  the  sub- 
ject of  the  investigation  of  the  Penitentiary  by  the  Board  of  Inspectors  was 
being  generally  discussed  in  the  town.  I had  never  heard  up  to  that  time 
that  the  Inspectors  were  making  the  investigation.  When  I went  home  to 
supper  that  evening  I asked  Mr.  Walker,  the  State  Auditor,  a number  of 
questions  in  regard  to  it,  some  of  which  he  told  me  was  true  and  some  he  said 
was  false.  I remember  asking  him  in  regard  to  this  cut  meat  question,  and 
he  said  that  was  true.  I remember  asking  him  about  a speech  Mr.  McIntyre 
was  said  to  have  made  before  the  Board,  and  he  said  that  wasn’t  true.  I 
remember  asking  him  if  it  was  true,  as  stated,  that  Mr.  Chappell  was  re- 
tarding the  investigation,  and  he  said  it  wasn’t  true.  I heard  the  facts  in 
my  letter  discussed  on  the  streets  frequently  and  much  more  that  I asked 
Mr.  Walker  about  and  he  said  was  not  true. 

Mr.  Downing : Give  me  the  name  of  an  individual  living  in  town  that 
you  heard  speak  on  that  day  of  any  of  the  matters  you  mention  in  your 
letter  ? 

Mr.  Pope:  John  T.  Craven. 

Mr.  Downing : What  one  of  the  matters  spoken  of  in  your  letter  did 
he  speak  to  you  about  on  that  day? 

Mr.  Pope : He  told  me  they  had  a fuss  about  the  spoilt  beef  at  the 
prison. 

Mr.  Downing:  Of  your  own  knowledge,  do  you  know  of  any  irregu- 
larities on  the  part  of  Mr.  Willis  in  his  management  of  the  Penitentiary? 

Mr.  Pope:  Yes,  sir,  I have,  but  nothing  that  is  a matter  of  any  im- 
portance. W.  S.  POPE. 

February  20,  1883. 


108 


Wm.  Meyers,  being  duly  sworn  testifies  as  follows: 

Since  August  10,  1882,  I have  been  book-keeper  for  A.  Priesmeyer, 
at  the  Penitentiary.  Prior  to  that  time  I was  book-keeper  and  collector 
of  the  Exchange  Bank.  Col.  Willis  would  get  checks  and  drafts  there, 
payable  to  his  order,  as  Warden,  to  pay  for  goods  bought  in  St.  Louis.' 
Collections  against  him  were  made  through  our  bank,  but  this  did  not 
happen  often.  Checks  came  back  to  him  sometimes  from  some  of  the 
parties  to  whom  he  sent  drafts,  payable  to  him  as  Warden.  Some- 
times he  drew  the  money,  and  sometimes  he  deposited  them.  Some  were 
from  Nave,  McCord  & Co.,  of  whom  I suppose  he  bought  groceries.  I can’t 
remember  the  names  of  any  others,  but  I think  there  were  some  others. 
These  checks  from  Nave,  McCord  & Co.,  I think,  came  nearly  every  month. 
He  drew  his  drafts  between  the  1st  and  7th  of  each  month,  and  the  checks 
would  come  from  the  1st  to  the  10th  of  the  month.  Sometimes  the  checks 
would  be  for  about  $100,  and  once  for  about  $300.  These  checks  were 
placed  to  the  credit  of  J.  R.  Willis,  Warden.  I was  there  ten  years,  and 
during  that  time  he  never  kept  an  individual  account,  except  as  J.  R.  Willis, 
Warden.  This  was  in  1881-2.  I noticed  these  things  once  and  remarked  to  the 
cashier  that  I wondered  how  it  happened.  I think  there  were  about  three  houses 
that  they  came  from,,  including  Nave,  McCord  & Co.  I may  have  mentioned 
this  to  my  father,  but  do  not  remember  to  have  mentioned  it  to  anyone  else 
besides  him  and  the  cashier.  Some  of  the  checks  to  him  were  as  low  as  $100 
and  I remember  one  that  was  about  $300.  I suppose  the  cashier  and  I have 
spoke  about  this  several  times,  but  I don’t  remember  how  often.  I remem- 
ber checks  coming  back  from  Corby  & Co.,  or  Fox,  Corby  & Co.,  I do  not 
remember  which  firm.  What  the  cashier  and  I thought  was  strange  was  that 
he  would  get  checks  from  the  parties  and  at  the  same  time  be  sending  them 
checks.  Some  of  these  checks  were  collected  by  the  Warden  and  were  placed 
to  his  credit. 

WM.  MEYERS. 

February  7,  1882. 

Geo.  D.  Barnard,  being  duly  sworn,  testifies  as  follows:  I am  of  the 
firm  of  Geo.  D.  Barnard  & Co.,  stationers.  I have  met  J.  R.  Willis,  Warden 
of  the  Penitentiary,  but  can’t  say  I am  personally  acquainted  with  him.  He 
has  purchased  supplies  from  us  for  the  Missouri  Penitentiary.  Since  January 
1,  1881,  he  has  purchased  $251.80  worth  of  goods  from  us.  Part  of  them 
were  mail  orders  from  the  Warden,  and  the  remainder  mail  orders  from  our 
traveling  men.  They  were  all  filled  under  my  direction. 

Mr.  Downing : In  consideration  of  these  purchases  or  his  buying  goods 
of  your  firm,  have  you  ever  given  him,  individually  or  otherwise,  any  re- 
bates, discounts  or  other  consideration  whatever? 


109 


Mr.  Barnard : I have  not. 

Mr.  Downing : Have  you  ever  given  anything  to  anyone  in  his  employ 
or  to  any  member  of  his  family? 

Mr.  Barnard:  No,  sir. 


STATEMENT. 

St.  Louis,  Mo.,  February.  16,  1883. 


Missouri  State  Penitentiary,  J.  Jfc.  Willis,  Warden,  Jefferson  City,  Mo 

D.  Barnard  & Co. , Dr. 

. , to  George 

- 

! 

Cr. 

Dr.  . * 

1879.  June  23  . 

1881.  Jan.  3.. 

. . Merchandise 

$ 31  30 

. .Merchandise  

109  35 

Jan.  19.. 

. . Merchandise 

3 50 

Sept.  12.. 

1882.  Feb.  16.. 

« 

. . Merchandise ; 

27  25 

. . Merchandise 

43  00 

Feb  • 25 . . 

. . Merchandise 

43  00 

May  12  . 

1883.  Jan.  13.. 

. . M ercb an  disc 

5 00 

. . Merchandise 

20  70 

$ 283  10 

1879.  July  11.. 

1881.  Mar.  28.. 

..Cash  

$ 31  30 

. . Cash 

112  85 

Nov.  22.. 

. . Cash 

27  25 

86  00 

1882.  April  13.. 

June  7.. 

. . Cash 

• . Cash 

5 00 

1 $ 2 12  40 

Balnnpp  _ . . . 

$ 20  70 

i 


110 


St.  Louis,  Mo.,  January  13,  1883. 


One  ten  by  twelve  500  page  Common  Sense  letter  book 

One  ten  by  fourteen  500  page  buff  letter  book 

One  No.  3 reccord  book 

One-half  dozen  No.  220  indexed  memorandum 

Twelve  dozen  No.  2 Faber’s  pencils 

Six  dozen  No.  150  Eeagle  pencils 

One-half  ream  St.  Clair  note  paper 

One-fourth  thousand  thirteen  xx  No.  5 envelopes 

Two  dozen  nineteen  by  twenty-four  sheets,  blotting  — 
Total 


$ 2 50 
1 75 
3 00 

1 50 
7 80 

75 

90 

50 

2 00 
$ 20  70 


St  . Louis , Mo . , May  1 2 , 1882 . 


Two  ten  by  twelve  500  page  No.  4994  Common  Sense  copying  books. . . 


$ 5 00 


St  . Louis , Mo . , February  25 , 1883 . 


One  book  checks,  45,779 

$ 10  00 

43  00 

1 .,500  rpyprmp  stamps  on  nhnyp  honk 

Tntnl 

$ 43  00 

St.  Louis,  Mo. , February  16,  1882. 

Onp.  rpgistp.r  .T  45  fin! 

a IS  00 

15  00 

10  00 

Onp  dvpsaino'  monster  j 45^050 

One  index  J,  K & L,  45,649 \ 

One  index  J,  K & L,  45,648 J 

Total 

- $ 43  00 

Ill 


St.  Louis,  Mo.,  September  12,  1881. 


Two  dozen  quarts  Arnold’s  fluid  at  $6.50  per  dozen 

One  dozen  quarts  Fr.  copying  ink 

One  quart  Arnold’s  copying  ink 

Boxing  and  drayage 

$ 13  00 

12  00 

1 00 

1 25 

$ 27  25 

Total 

St.  Louis,  Mo.,  January  19,  1881. 

Two  ind^x*3*5 

$ 3 50 

St.  Louis,  Mo.,  January 

3,  1881. 

Onp  mp.d  - 1 P.d  gp.v?  36^-712 

$12  25 

12  25 

7 50 

13  75 

2 00 

2 00 

7 75 

Of)p  rnpd  journal ; 36^711 

One  No.  5 cash  book,  36,715 

One  copy  invoice  book,  36,716 

One  D.  one-half  bond  index 

1,500  pages  ten  by  12  parchment  letter  book 

One  med.  payroll  book,  36.713  , 

One  book  1,500  stamps 

43  00 

7 50 

75 

One  No.  5 sales  book,  36,714 

One  cop.  one-half  bound  voweled  index 

Boxing  and  rlrayagp. 

60 

Total 

$ 109  35 

February  16,  1883. 


GEO.  D.  BARNARD. 


112 


Edward  G.  Callahan,  being  duly  sworn,  testifies  as  follows : I am 
Secretary  of  the  Bridge  & Beach  Manufacturing  Company,  who  make  stoves. 
I am  acq  uainted  with  J.  R.  Willis,  Warden  of  the  penitentiary,  and  have 
furnished  supplies  to  the  penitentiary  to  the  amount  of  about  $500 
a year  for  the  past  two  years.  I have  never  made  any  remittances  of  any 
description  to  the  Warden  of  the  Missouri  Penitentiary. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying  goods 
of  your  firm,  have  you  ever  given  him  individually  or  otherwise,  any  dis- 
counts, rebates  or  other  consideration  whatever,  or  to  any  one  in  his  employ 
or  to  any  member  of  his  family? 

Mr.  Callahan:  We  never  have.  All  discounts  that  were  ever  allowed 
were  credited  on  the  bills,  and  the  State  received  the  benefit  of  them. 

Mr.  McGrath : How  were  these  purchases  generally  made  ? 

Mr.  Callahan:  The  majority  were  made  by  letter. 

Mr.  McGrath : How  were  you  paid? 

Mr.  Callahan:  The  bills  were  paid  by  checks  in  30  and  60  days.  We 
regarded  that  as  cash  payments. 

Mr.  McGrath:  Were  j^our  business  transactions  with  the  Warden  as 
satisfactory  as  with  your  other  customers  ? 

Mr.  Callahan:  Yes,  sir. 

Mr.  McGrath : Were  these  purchases  made  with  the  same  care  to  pro- 
tect the  interest  of  the  State  that  a business  man  would  his  own  interest? 

Mr.  Callahan : Yes,  sir.  Everything  he  has  bought  for  himself  was 
paid  for  individually. 

E.  G.  CALLAHAN,  Secretary. 

February  17,  1883. 

The  following  is  an  abstract  from  our  books  of  our  transactions  with 
the  penitentiary  for  the  last  two  years : 

STATEMENT  OF  ACCOUNT  FOR  1882. 

St.  Louis,  Mo.  , February  17,  1883. 

Missouri  State  Penitentiary,  Jefferson  City,  Mo. , in  account  with  Bridge  & Beach 
Manufacturing  Company,  Dr. 


Cr. 

Dr. 

.T?m.  3 . . . . To  mflrpTifl.ndisp 

$ 40  26 

7 74 

13  80 

49  08 

Jan.  14  ...  merchandise 

Jan*  23-rtr  merchandise! 

Feb.  1 merchandise 

113 


Mar. 

1... 

Mar. 

9... 

Mar. 

28... 

April 

12... 

May 

2... 

May' 

5 . . 

June 

1... 

July 

3... 

Aug. 

16... 

Aug. 

22... 

Sept. 

16... 

Oct. 

4... 

Oct. 

13... 

Oct. 

17... 

Nov. 

6... 

Nov. 

6... 

Nov. 

14... 

Nov. 

22... 

Dec. 

4... 

1882.  Feb. 

15... 

April 

28... 

June 

7... 

Aug. 

9... 

Oct. 

11... 

Dec. 

6... 

1883-  Jan. 

10... 

Total. . 

To  merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 
merchandise 

By  cash 

cash 


Dr. 

$ 28 

70 

23 

65 

4 

50 

3 

00 

49 

82 

2 

75 

5 

74 

51 

12 

16 

10 

14 

69 

14 

52 

21 

21 

50 

58 

14 

54 

3 

72 

49 

94 

30 

67 

2 

03 

10 

82 

$ 508 

98 

$ 61  80 
49  08 


cash 

cash 

cash 

cash 

cash 


59  85 
52  57 
56  86 
45  35 
183  47 


$ 508  98 


C R P — 8 


114 


1881.  Jan. 

5.... 

Jan. 

18  .. 

Mar. 

2... 

Mar- 

9... 

April 

23... 

April 

23... 

May 

24... 

June 

2... 

July 

2... 

July 

25... 

Aug. 

1... 

Sept. 

5... 

Sept. 

8... 

Sept. 

16... 

Oct. 

13... 

Oct. 

20... 

Oct. 

20... 

Oct. 

26... 

Oct. 

28... 

Nov- 

9... 

Nov. 

11... 

Nov. 

14... 

Nov. 

22... 

Nov. 

22... 

Nov- 

25... 

Dec. 

2 . 

Dec. 

7 ... 

St.  Louis,  Mo.,  December 30,  1881. 


Cr. 

merchandise 

merchandise 

merchandise. 

merchandise. 

merchandise 

merchandise 

merchandise. 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

merchandise 

Dr. 


$ 81  28 
207  86 
27  46 
35 
46  06 

2 70 
21  23 
79  68 
16  58 
51  50 
31  58 

56  48 

3 50 

57  50 

15  27 

31  79 
135  68 

27  04 

16  04 
23  02 

5 52 

1 89 

2 56 
1 26 

32  24 
41  45 

17  80 
$ 1 ,035  33 


115 


Cr. 

Dr. 

1881.  Mar.  28.... 

By  cash 

$ 289  14 

April  29 

cash 

27  81 

J une  4 

cash 

2 70 

June  13 

cash 

67  30 : 

July  13.... 

cash 

79  68 

A np*  9 - r , 

pgsl} 

ns  ns 

Nov.  10  . . . 

merchandise 

12  04 

Dec.  1 — 

cash 

149  06 

1882.  Jan.  12.... 

cash 

197  74 

Feb.  14.... 

cash 

141  78 

— 

$ 1,035  33 

W.  S.  Bascom,  being  duly  sworn,  testifies  as  follows : I am  book- 
keeper for  Geo.  K.  Hopkins  & Co.  I have  been  in  their  employ  about  four 
years. 

Mr.  McGrath : Do  you  know  of  the  business  carried  on  between  that 
house  and  the  Warden  of  the  Missouri  Penitentiary? 

Mr.  Bascom : I only  know  of  the  business  through  the  books.  This 
book  produced  here  is  the  ledger  of  our  firm.  The  account  with  the  Mis- 
souri Penitentiary  is  in  my  writing.  I am  also  cashier  of  the  house.  No 
money  could  be  sent  to  Mr.  Willis  without  my  knowledge  and  I know  none 
was  ever  sent.  There  is  np  entry  on  any  of  my  books  showing  that  any 
money  was  ever  paid  to  the  Missouri  Penitentiary  or  to  Mr.  Willlis. 

W.  S.  BASCOM. 

February  16,  1883. 

John  Ganter,  being  duly  sworn,  testifies  as  follows : I am  assistant 
secretary  of  the  Missouri  Glass  Co.,  and  have  had  charge  of  the  books  for 
about  seven  years.  I am  also  what  mercantile  houses  call  the  credit  man.  I 
know  Jas.  R.  Willis,  Warden  of  the  Missouri  Penitentiary.  We  have  had 
dealings  with  Col.  Willis  in  furnishing  supplies  for  the  Penitentiary.  I have 
a memorandum  of  the  accounts  with  the  prison  with  me.  The  extent  of  his 
purchases  range  from  $10  to  $85,  and  amount  to  about  $600  in  the  past  two 
years.  These  purchases  are  made  on  60  days  time.  The  orders  usualhr 
came  by  mail,  but  sometimes  the  Colonel  came  in  person.  We  allowed  no 
discounts  on  the  goods  purchased. 


116 


Mr.  McGrath : If  any  discounts  were  made  on  these  purchases,  would 
you  know  it? 

Mr.  Ganter:  Yes,  sir,  I would. 

Mr.  McGrath:  Is  this  a correct  abstract  from  your  books? 

Mr.  Ganter:  Yes,  sir,  and  itj  shows  all  the  transactions  we  have  had 
with  the  Warden  in  two  years. 

Mr.  McGrath : Did  your  house  ever  give  to  Col.  Willis  any  money  or 
other  valuable  thing  in  consideration  for  the  purchases  made  of  you. 

Mr.  Ganter:  No,  sir. 

Mr.  McGrath : Or  to  any  relative  or  employe  ? 

Mr.  Ganter:  No,  sir. 

Mr.  McGrath:  If  these  goods  were  purchased  for  cash,  how  much  dis- 
count would  you  allow  on  the  bill? 

Mr.  Ganter  : Five  per  cent. 

MR.  J.  R.  WILLIS,  WARDEN,  JEFFERSON  CITY,  MO.,  IN  ACCOUNT  WITH 
MISSOURI  GLASS  COMPANY. 

St.  Louis,  Mo.,  February  16,  1883. 


Cr. 


1881.  Jan.  5.... 

To  merchandise  . 

Jan.  21 

merchandise  . 

Feb.  2 ... 

merchandise  . 

Feb.  14.... 

merchandise  . 

Mar.  2.... 

merchandise  . 

April  8 

merchandise  . 

July  12.... 

merchandise  . 

Aug.  3 

merchandise  . 

Sept.  2 

merchandise  . 

Oct.  3.... 

merchandise  . 

Oct.  26.... 

merchandise  . 

Nov.  4 

merchandise  . 

Dec.  2 

merchandise  .. 

Dec.  8 

merchandise  . . 

1882.  Jan.  4.... 

merchandise  . . 

Feb.  1.... 

merchandise  . . 

Dr. 


$ 28  50 
29  40 
6 25 

13  75 
49  75 
27  65 
37  05 
33  30 

14  35 
25  35 
22  50 
37  55 
47  90 
31  16 
25  20 


37  90 


117 


, 

Cr 

Dr. 

Mar  1 

$ 44  18 

35  75 

35  70 

May  3 

25  15 

July  1.... 

merchandise 

28  60 

46  40 

20  25 

$ 613  29 

1881.  Mar.  28.... 

By  cash 

$ 57  90 

April  1 

cash 

20  00 

April  29 

cash 

49  75 

June  4 

cash 

27  65 

An  cr . 9 

cash  

37  05 

• • • • 

Oct.  18  — 

merchandise 

10  85 

Dec . 1 — 

cash 

84  65 

1882.  Feb.  14.... 

cash  

85  45 

Feb.  15.... 

cash 

25  20 

April  13  — 

cash 

37  90 

April  15.... 

cash 

31  16 

June  7 

cash 

44  18 

July  7 

cash 

35  75 

Aug.  9 

cash 

25  15 

Sept.  11.... 

cash 

35  70 

Oct.  11.... 

cash 

75  00 

Nov.  10.... 

cash 

20  25 

$ 613  29 

Total 

February  16,  1883. 


JOHN  GANTER. 


118 


N.  O.  Nelson,  being  duly  sworn,  testifies  as  follows : I am  of  the  firm 
of  N.  O Nelson  & Co.,  and  our  business  is  machinery  and  steam  and  water 
supplies.  I know  Col.  Willis,  Warden  of  the  Missouri  Penitentiary.  Our 
house  has  been  doing  business  with  him  for  the  last  two  years.  The  nature 
of  it  is  some  steam  pipe  and  fittings  and  some  plumbing  goods.  The  extent 
of  our  transactions  were  about  $400. 

Mr.  McGrath : Have  you  ever  given  to  Col.  Willis,  or  any  one  for  him, 
in  money  or  any  other  article  of  value,  in  consideration  of  his  doing  business 
with  your  he  use  ? 

Mr.  Nelson:  I have  not. 

Mr.  McGrath:  Or  to  any  relative,  employe,  or  any  one  of  the  firm? 

Mr.  Nelson:  No,  sir.  His  purchases  were  made  by  Col.  Willis,  both 
in  person  and  by  mail  orders. 

Mr.  McGrath:  In  selling  these  goods,  did  you  sell  by  the  list  price  or 
the  usual  discounts  that  belong  to  the  trade? 

Mr.  Nelson:  By  the  discounts. 

Mr.  McGrath:  Do  those  discounts  appear  on  the  bills? 

Mr.  Nelson:  Yes,  sir. 

Mr.  McGrath  : Did  you  ever  make  any  purchase  from  the  penitentiary  ? 

Mr.  Nelson:  No,  sir. 

Mr.  McGrath  : How  were  your  accounts  paid? 

Mr.  Nelson : By  checks  drawn  on  St.  Louis  by  the  Exchange  Bank,  of 
Jefferson  City. 

Mr.  McGrath : Did  you  ever  have  any  other  money  transactions  with 
Mr.  Willis? 

Mr.  Nelson : No,  sir. 

Mr.  McGrath:  Are  your  books  here? 

Mr.  Nelson : Yes,  sir.  They  are  here  subject  to  the  examination  of 
the  Committee.  . N.  O.  NELSON. 

Februaruay  ’16,  1 883. 

John  W.  Gunn,  being  duly  sworn,  testifies  as  follows:  lam  of  the 
firm  of  Goddard,  Peck  & Co. , wholesale  grocery  merchants.  I have  the 
same  opportunity  to  know  of  the  business  transactions  of  the  firm  as  any 
other  member  of  it.  I know  Jas.  R.  Willis,  Warden  of  the  penitentiary.  We 
have  sold  him  goods  for  the  penitentiary.  Our  goods  are  billed  to  the  Mis- 
souri penitentiary.  We  sell  him  about  $500  worth  of  goods  a month.  These 
accounts  are  settled  in  thirty  days.  Payments,  I think,  are  made  by  draft. 

Mr.  Krauthoff : Did  you  or  any  member  of  your  firm  ever  make  any 
purchase  of  Mr,  Willis  as  Warden? 

Mr.  Gunn : No,  sir. 


119 


Mr.  Krauthoff:  Have  you  or  any  member  of  the  firm  of  Goddard,  Peck 
& Co.,  or  any  person  in  their  employ,  or  by  their  direction,  ever  at  any  time, 
paid  to  Col.  Willis  or  any  member  of  his  family  or  any  one  in  his  employ, 
any  rebate  or  other  consideration  by  reason  of  any  purchase  made  by  him  of 
said  firm? 

Mr.  Gunn : Not  to  my  knowledge. 

Mr.  Krauthoff : Could  it  be  done  without  your  knowledge  ? 

Mr.  Gunn : I don’t  think  it  could. 

Mr.  Krauthoff:  How  long  has  the  firm  of  Goddard,  Peck  & Co.  been 
in  business? 

Mr.  Gunn : Four  years  last  January. 

Mr.  Krauthoff:  When  did  you  commence  selling  Mr.  Willis  goods? 

Mr.  Gunn : About  twelve  months  ago. 

Mr.  Krauthoff : Since  when  have  you  been  connected  with  Goddard, 
Peck  & Co.  ? 

Mr.  Gunn:  Since  the  1st  of  February,  1882,  as  a member  of  the  firm. 
I sell  Col.  Willis  a good  many  of  the  goods,  and  Mr.  Peck  sells  him  part  of 
them.  I have  not  made  an}7  remittances  to  Mr.  Willis,  nor  has  the  firm  to 
my  knowledge.  JOHN  W.  GUNN. 

February  16,  1883. 

Johnston  Beggs,  being  duly  sworn,  testifies  as  follow : I am  of  the  firm 
of  Smith,  Beggs  & Ranken,  in  the  machine  business.  I know  Jas.  R.  Willis, 
Warden  of  the  Penitentiary.  We  have  had  a great  deal  of  business  with  him. 
We  sold  him  a 150-horse-power  Corliss  engine  and  a small  engine,  several 
elevators  and  the  water  works,  which  we  reorganized  and  refitted,  and  several 
lines  of  shafting  with  the  pulleys,  hangings  and  accompaniments.  The  fol- 
lowing abstract  from  our  books  will  show  the  extent  of  that  business,  which 
amounts  to  $10,921.82.  Our  principal  transaction  with  Mr.  Willis  was  to 
furnish  him  a Corliss  engine  with  the  necessary  power  and  regularity  of  mo- 
tion as  would  drive  all  the  machinery  for  the  different  industries  carried  on 
in  the  Penitentiary.  This  was  an  engine  of  peculiar  construction,  and  for 
which  we  made  him  a specification  of  its  character,  an  estimate  of  its  cost 
and  also  a guarantee  that  it  would  accomplish  all  that  we  claimed  for  it.  Mr. 
Willis  had  this  proposition  of  ours  under  consideration  from  six  to  nine 
months  before  ordering  the  same,  and  we  furnished  it  to  him  for  $500  below 
what  we  ould  sell  it  to  any  other  party.  Our  reason  for  so  doing  was  be- 
cause of  its  being  in  a public  institution,  which  we  believed  would  redound 
to  our  interest  more  than  that  amount  of  money  expended  in  newspaper  ad- 
vertising. I never  gave  to  Mr.  Willis  or  any  one  in  his  employ  or  any  mem- 
ber of  his  family  any  money  or  other  article  of  value  in  consideration  of  his 
making  purchases  of  us.  I consider  him  as  honest  a man  as  I ever  met  in  my 
life.  On  the  other  purchases  Mr.  Willis  exercised  the  same  care  and  judg- 


120 


ment  that  any  other  individual  would  in  his  own  interest.  These  transactions 
were  all  on  a cash  basis,  and  paid  according  to  our  agreement  and  contract. 
Our  business  relations  with  him  have  always  been  of  a most  satisfactory  char- 
acter. We  have  found  him  a straight-forward,  honest  business  man. 

MISSOURI  STATE  PENITENTIARY  BOUGHT  OF  SMITH,  BEGGS  & RANKIN 
MACHINE  COMPANY,  ST.  LOUIS,  MO. 


1 880 . N ov . *26  ... . 

1 boiler,  p.te 

Dec.  10  — 

1 Carless  engine 

1881.  Jan.  5 

1 screw  elevator 

Jan.  18 

Shaft- couplings 

Feb . 21 

Feb.  28.... 

Mar.  31.... 

Shafting  and  hangers 

April  6 

June  8.... 

June  10 

1 rmrrm 

June  16  ... 

Pulleys  

July  16.... 

Shaftin0* 

Aug.  12 

Shafting  and  hangers 

Aug.  22 

Cash  freight  paid  on  scrap  iron 

Aug.  27.... 

Cash  freight  paid  on  scrap  iron 

Aug.  29 

1 st^am  pump 

Aug.  31 ... . 

1 Allen  governor 

Sept.  3 

Cash  paid  for  hauling  scrap  iron 

Sept.  17 

1 

1 12x20  stationery  engine,  etc 

1 steam  pump 

Sept.  28 

Shafting-couplings,  etc 

Dec.  15.... 

Shafting-couplings , etc 

Dec.  28 

Shafting-couplings,  etc 

1882.  Feb.  9.... 

Shafting-couplings , etc 

Mar  • 20 .... 

Gratp  bar® 

April  19 

Pipes , etc . , for  water  works 

June  16 

Shafting-couplings,  etc 

$ 635  50 
3,500  00 
400  00 
444  81 
221  25 
153  00 
396  72 
87  53 
36  45 
132  30 
400  00 
31  44 
11  42 
115  28 
28  00 
134  40 
200  00 
75  00 
15  20 
1,000  00 
200  00 
103  80 
126  60 
63  50 
121  24 
168  00 
1,078  08 
134  70 


121 


June  28  — 

Shafting- couplings,  etc 

$ 212  99 

July  15 

1 shaft  and  fly-wheel 

110  23 

.... 

Sundries , repairs 

57  28 

'T'nj'al  - - - 

$10,921  82 

JOHNSTON  BEGGS. 

February  17,  1883. 


Edward  Kupferle,  being  duly  sworn,  testifies  as  follows:  I am  one  of 
the  proprietors  in  the  firm  of  Kupferle  Bros.  Manufacturing  Co.  I am 
acquainted  with  J.  R.  Willis,  Warden  of  the  Penitentiary,  and  have  furnished 
some  supplies  to  the  amount  of  about  $250  on  his  order  for  the  Penitenthuy. 
The  account  was  kept  with  the  Missouri  Penitentiary.  Some  of  these  sales 
were  made  by  me  personally  and  some  by  our  salesmen.  I have  never  made 
any  remittances  to  him. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying 
goods  of  your  firm,  have  you  ever  given  him  individually  or  otherwise,  any 
rebates,  discounts,  or  other  consideration  whatever? 

Mr.  Kupferle : No,  sir. 

Mr.  Downing : Or  did  you  ever  give  to  any  one  in  his  employ  or  to 
any  member  of  his  family  any  consideration  whatever  ? 

Mr.  Kupferle : No,  sir. 

MISSOURI  STATE  PENITENTIARY,  BOUGHT  OF  KUPFERLE  BROS. 

St.  Louis,  February  16,  1883. 


7 

Dr. 

Or. 

1881.  June  18 

To  merchandise 

$47  00 

• July  21 

By  cash 

$47  00 

Nov.  10 ... . 

To  merchandise 

54  45 

N ov • 22 ... . 

Bv  cash 

54  45 

1882.  Jan.  4 

To  mp.vfVhflndisp 

9 00 

Jan. 31 

By  discount 

12  24 

Jan. 17 

iTo  merchandise 

94  92 

I 

Feb.  14.... 

By  cash 

9 05 

122 


Cr. 

Dr. 

Jan.  19 

March  24. . . 

1883 . Jan  .1 

rpn  merchandise 

$ 9 05 

$ 91  68 

Py  <>ash 

Total ...  ... 

$214  42 

$214  42 

To  merchandise 

$23  90 

10  00 

$33  90 

J an . 4 

To  merchandise 

Balance  due . . 

EDWARD  KUPFERLE. 

February  16,  1883. 


Anthony  C.  Dunlevy,  being  duly  sworn,  testifies  as  follows : I am 
engaged  in  the  sheet  iron,  copper  and  galvanized  iron  business.  I am 
acquainted  with  J.  R.  Willis,  Warden  of  the  Penitentiary.  He  has  pur- 
chased supplies  for  the  Penitentiary  from  our  firm  to  the  amount  of  about 
$400  within  the  past  two  years.  We  have  never  made  any  purchases  from 
him  or  remittances  to  him.  These  goods  were  sold  by  me  personally,  one 
order  being  given  by  Mr.  Willis  in  person  and  the  rest  written  orders  from 
Jefferson  City. 

Mr.  Downing:  In  consideration  of  these  purchases  of  your  firm,  have 
you  ever  given  him  individually  or  otherwise,  any  rebate  or  other  consider- 
ation whatever? 

Mr.  Dunlevy : None  whatever.  I considered  Mr.  Willis  a close  buyer 
and  always  gave  him  bottom  rates  and  never  made  him  a present  or  gave 
him  any  rebate  of  any  kind.  Nor  did  I ever  give  anything  to  any  one  in 
his  employ  or  to  any  member  of  his  family. 

ANTHONY  C.  DUNLEVY. 

February  16,  1883. 

Morris.  J.  Lippman,  being  duly  sworn,  testifies  as  follows : I am  a 
manufacturer  of  iron  and  dealer  in  manufactured  iron  and  wagonmakers’ 
supplies.  I am  a member  of  the  fim  of  Graff,  Bennett  & Co.  I Know  Jas. 
R.  Willis,  Warden  of  the  Penitentiary.  He  has  bought  supplies  of  our  firm 
for  the  Penitentiary,  perhaps  $2,000  for  the  last  two  years.  His  bills  during 
that  time  scarcely  ever  exceeded  $100.  The  account  was  kept  with  Jas.  R. 
Willis,  Warden,  and  sometimes  were  paid  every  month  and  sometimes  in  six 
weeks  or  two  months.  Our  terms  are  sixty  days,  and  they  were  always  paid 
within  that  time.  The  remittances  were  made  by  draft  from  the  Exchange 
Bank.  Duplicate  vouchers  accompanied  the  draft  which  were  signed  and 


123 


returned.  I never  made  any  remittance  to  him.  This  could  not  have  been 
done  by  any  one  in  my  employ  without  my  knowledge.  Mr.  Willis  at  no  time 
gave  me  the  slightest  intimation  that  he  wanted  any  rebate,  and  never  said 
anjdhing  about  it. 

Mr.  Krauthoff : Did  you  or  anyone  in  your  employ,  or  by  your  direc- 
tion or  with  your  knowledge,  ever  at  any  time  give  to  Mr.  Willis,  or  to  any 
member  of  his  family,  or  to  anyone  in  his  employ,  any  rebate  or  other  con- 
sideration by  reason  of  his  purchase  of  goods  of  your  firm? 

Mr.  Lippman : No,  sir  ; never  did,  nor  could  it  have  been  done  by  any 
one  in  my  employ  without  my  knowledge ; at  one  time  we  purchased  a lot  of 
woodwork  from  him,  I think ; if  we  did,  it  was  credited  to  the  account  of  the 
State ; we  never  kept  an  account  with  Mr.  Willis  personally ; our  books 
are  at  your  disposal,  if  you  wish  to  examine  them,  and  I will  furnish  you 
every  possible  facility  for  so  doing. 

MORRIS  J.  LIPPMAN. 

February  16,  1883. 

Jos.  F.  Wangler,  being  duly  sworn,  testifies  as  follows:  I am  a manu- 
facturer of  steam  boilers.  My  firm  is  composed  of  no  one  but  myself.  I am 
acquainted  with  Jas.  R.  Willis,  Warden  of  the  Penitentiary,  and  have  had 
dealings  with  the  Penitentiary,  through  him.  I have  done  considerable 
business  with  him,  to  the  amount  of  about  $5,000.  These  transactions  and 
purchases  have  been  made  through  me. 

Mr.  Downing : In  consideration  of  these  purchases  or  his  buying  goods 
of  you  for  the  Penitentiary,  have  you  ever  given  him,  individually  or  other- 
wise, any  rebate  or  other  consideration  whatever? 

Mr.  Wangler:  ■ No,  sir;  I never  gave  him  a*  cent  nor  a cent’s  worth  of 
anything. 

Mr.  Downing:  In  consideration  of  these  transactions,  have  you  ever 
given  anything  to  anyone  in  his  employ  or  any  member  of  his  family,  or  suf- 
fered the  same  to  be  done  by  any  one  in  your  employ? 

Mr.  Wangler:  No,  sir. 

Mr.  McGrath : Did  Mr.  Willis  receive  a proposition  from  you  for  the 
work  to  be  done  when  it  was  for  any  considerable  amount  ? 

Mr.  Wangler  : Yes,  sir. 

Mr.  McGrath : Is  that  the  usual  way  for  tansacting  your  business? 

Mr.  Wangler:  Yes,  sir;  we  had  to  compete  with  other  parties  for  the 
work,  and  the  lowest  bidder  got  it. 

Mr.  McGratath:  Was  your  proposition  in  the  nature  of  a specification 
as  to  the  character  of  the  work  ? 

Mr.  Wangler:  Yes,  sir. 

Mr.  McGrath : What  was  the  principal  character  of  the  work  you  did 
for  him  ? 


124 


Mr.  Wangler:  Making  a battery  of  boilers  and  changing  the  boiler 
system  at  the  prison  ; also  those  large  water  tanks  on  top  of  the  Centennial 
building. 

Mr  McGrath:  Did  you  ever  buy  anything  from  the  Penitentiary? 

Mr.  Wangler:  No,  sir. 

Mr.  McGrath : Did  you  ever  send  any  checks  for  money  to  the  Warden? 

Mr.  Wangler:  No,  sir. 

JOS.  F.  WANGLER. 

February  16,  1883. 

Geo.  K.  Hopkins,  being  duly  sworn,  testifies  as  follows : I am  a whole- 
sale druggist  in  this  city,  St.  Louis.  I am  acquainted  with  Jas.  R.  Willis, 
Warden  of  the  Penitentiary.  He  has  ordered  supplies  from  our  store  for  the 
penitentiary.  The  orders  were  entered  and  filled  as  is  the  case  with  all 
orders  received,  but  were  not  under  my  special  supervision.  I have  here 
my  general  ledger  showing  the  account  with  the  Missouri  Penitentiary.  I 
have  had  no  personal  account  with  Mr.  Willis.  These  orders  are  signed  by 
J.  R.  Willis  as  Warden.  The  purchases  from  September  1st,  1881,  to  the 
present  time  amount  to  about  $2,400  or  $2,500. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying  goods 
of  your  firm,  have  you  ever  given  him  any  rebates  or  other  consideration 
whatever  ? 

Mr.  Hopkins  : No,  sir. 

Mr.  Downing:  Could  such  a thing  have  been  done  without  your 
knowledge  ? 

Mr.  Hopkins : It  could  not. 

Mr.  Downing:  In  consideration  of  these  purchases,  have  you  ever 
given  anything  to  any  one  in  his  employ,  or  to  any  member  of  his  family  or 
suffered  the  same  to  be  done  by  any  one  in  your  employ? 

Mr.  Hopkins : No,  sir. 

GEO.  K.  HOPKINS  & CO. 

February  16,  1883. 

John  J.  Daly,  being  duly  sworn,  testifies  as  follows:  I am  engaged  in 
the  stationery  and  printing  business.  I am  acquainted  with  Jas.  R.  Willis, 
Warden  of  the  penitentiary.  He  has  at  various  times  purchased  supplies  of 
paper  and  books  of  me,  and  has  had  some  printing  done.  The  amount  is  not 
very  large,  and  amount  to  $40  or  $50  at  a time.  These  purchases  have  gen- 
erally been  made  on  orders  sent  direct  to  the  house,  and  have  been  filled 
under  my  supervision. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying 
goods  from  your  firm,  have  you  ever  given  him  any  rebate  or  other  consid- 
eration whatever. 


125 


Mr.  Daly:  Never,  sir. 

Mr.  Downing:  In  consideration  of  these  purchases,  have  you  ever 
given  anything  to  any  one  in  his  employ  or  to  any  member  of  his  family  ? 

Mr.  Daly:  Never,  sir. 

Mr.  Downing:  Did  you  ever  have  anyone  do  so  for  you? 

Mr.  Daly:  Never,  sir.  JOHN  J.  DALY. 

February  16.  1883. 


W.  P.  Howard,  being  duly  sworn,  testifies  as  follows:  I am  of  the 
firm  of  W.  P.  Howard  & Co.,  commission  merchants.  I know  Jas.  R.  Willis, 
Warden  of  the  Penitentiary.  Have  known  him  since  about  1868.  Have  been 
doing  business  with  him  for  the  past  two  years,  furnishing  supplies  for  the 
Penitentiary.  I have  not  sold  him  a dollar’s  worth  in  two  years.  We  buy 
for  him  on  commission.  We  fill  orders  for  wool,  meat,  beans,  potatoes  and 
broom-corn.  The  meat  was  dry  salt  shoulders.  My  charges  on  these 
purchases  were  per  cent.  I regard  Mr.  Willis  as  a man  not  only  com- 
petent, but  also  as  careful  in  making  his  purchases  for  the  best  interest  of 
the  State,  as  any  business  man  from  my  experience  who  has  had  orders  filled 
through  our  house.  The  purchases  made  through  our  house  have  mainly 
been  paid  in  from  thirty  to  sixty  days.  We  charge  interest  from  the  date  of 
invoice  at  the  rate  of  8 per  cent,  per  annum  until  paid.  My  business  rela- 
tions with  the  Warden  have  been  equally  as  satisfactory  as  those  with  any 
business  man.  I have  never  given  Mr.  Willis,  or  any  member  of  his  family, 
or  any  employe  or  any  one  for  him,  any  money  or  article  of  value  in  consid- 
eration of  his  making  purchases  through  our  house,  nor  has  anyone  done  so 


for  me. 


W.  P.  HOWARD. 


Jebruart  17,  1883. 


F.  E.  Udell,  being  duly  sworn,  testified  as  follows : I am  of  the  firm 
Udell,  Schmieding  & Co.,  dealers  in  wholesale  wooden  and  willow-ware.  I 
am  acquainted  with  J.  R.  Willis,  Warden  of  the  Penitentiary.  He  has  pur- 
chased supplies  of  us  for  the  Penitentiary.  I have  a statement  of  our  trans- 
actions with  the  prison  for  1881.  When  the  State  run  the  broom  factory,  we 
handled  the  greater  part  of  its  product,  and  sold  them  much  of  the  supplies 
for  the  factory.  We  have  never  given  Col.  Willis  any  rebate,  discounts  or 
valuable  consideration  whatever  in  consideration  for  buying  supplies  from  us. 
All  these  business  transactions  were  done  with  me  individually.  Ihese  sup- 
plies were  chiefly  for  the  broom  factory,  and  we  handled  the  product  of  the 
factory.  I don’t  think  we  ever  sent  Mr.  Willis  a check.  Our  transaction  were 
settled  every  month  by  note  due  in  sixty  days,  which  were  settled  in  the 
bank  here.  Col.  Willis  never  asked  us  to  give  him  anything  in  his  life,  nor 
ever  intimated,  when  he  bought  anything,  that  he  did  not  expect  to  be 


126 


charged  with  it.  During  the  year  1881,  the  account  of  the  Penitentiary 
against  us  each  month  exceeded  our  account  against  the  prison.  The  items 
“cash”  in  the  account  represent  the  amount  of  the  goods  sold  by  us  to  the 
Penitentiary.  We  deducted  the  amount  of  our  account  from  theirs  the  first 
of  each  month  and  gave  our  note  for  the  balance  due  the  prison,  payable  in 
sixty  days.  We  never  gave  him  credit  for  any  item  of  merchandise  that  he 
didn’t  furnish.  The  1st  of  January,  1882,  the  broom  factory  was  taken 
charge  of  by  the  Excelsior  Broom  Co. , and  since  that  time  our  dealings  with  the 
Penitentiary  have  been  less  than  $50.  We  always  found  Mr.  Willis  a very 
prompt  business  man.  The  aggregate  amount  of  our  purchases  of  the  Peni- 
tentiary during  the  year  1881  was  about  $32,500.  The  amount  of  supplies 
purchased  of  us  by  the  Warden  for  the  Penitentiary  was  $6,650.  When  Col. 
Willis  bought  anything  of  us  for  himself  it  was  charged  to  him  as  an  indi- 
vidual, and  he  paid  the  account  as  an  individual. 

STATEMENT. 

' St.  Louis,  February  17,  1883. 

Missouri  Penitentiary  in  account  with  Udell,  Schmieding  & Co. 


Cr. 

Dr. 

Jan . 31 .... 

Bv  merchandise  account 

$2,449  96 

Feb.  7.... 

To  balance  from  1880 

$ 402  20 

Feb.  10.... 

Cash 

571  06 

Feb.  10.... 

Bills  payable 

1,476  70 

$2,449  96 

$2,449  96 

Feb . 3 

By  merchandise  account 

$2,561  00 

Mar.  5 

To  bills  payable 

$2,314  60 

Mar.  11 

Cash 

246  40 

$2,561  00 

$2,561  00 

Mar.  31 

By  merchandise 

$3,2S1  81 

April  7.... 

To  bills  payable 

$2,295  77 

April  5 

Cash 

986  04 

$3,281  81 

$3,281  81 

April  30 . . . . j 

Bv  merchandise  

$2,6o7  67 

April  30 

To  44  

$ 1 86 

May  10 

Bills  pay  able 

2,270  94 

May  31.... 

| . Cash 

3S4  87 

$2,657  67 

$2,657  67 

May  31 .... 

By  merchandise 

$3,048  97 

June  7 — 

To  bills  payable 

$2,450  07 

June  15 

Cash 

596  53 

June  21  — 

Merchandise 

2 37 

$3,048  97 

$3,048  97 

127 


Or. 

Dr. 

$3,325  13 

July  12.... 

To  bills  payable 

$2,991  33 

Julv  30.... 

Cash 

330  96 

, 

July  30  ... 

Merchandise 

2 84 

$3,325  13 

$3,325  13 

July  31  . 

$2,739  15 

Aug.  5 

To  bills  payable 

$1,995  11 

Aug.  12 

Cash 

744  04 

$2,739  15 

$2,739  15 

\ ncr . SI  ...  . 

$3,511  40 

Sept.  1 

To  bills  payable 

$3,174  04 

Sept.  12  — 

Cash 

337  36 

$3,511  40 

$3,511  40 

Sent.  30 .... 

By  m p.vph  fl.n  d i sp  

$3,085  40 

Sept.  27  ... 

To  bills  payable : 

$3,000  00 

Oct.  19  — 

Cash 

85  40 

$3,085  40 

$3,085  40 

Oct.  31 

By  merchandise 

$4,528  88 

Nov.  1.... 

$3,000  00 

Nov.  9 

Cash 

362  63 

Nov.  16.... 

44  

1,165  07 

Dec.  31.... 

Merchandise 

1 18 

$4,528  88 

$4,528  88 

Nov.  15 .... 

By  merchandise 

$1,628  03 

Dec.  6 

To  bills  payable 

$782  16 

Dec.  6 

Cash 

845  87 

$1,628  03 

$1,628  03 

F.  E.  UDELL. 

February  17,  1883. 

B.  Horton,  being  duly  sworn,  testifies  as  follows:  I am  of  the  firm  of 
B.  Horton  & Co.,  manufacturers  of  stoves,  grates  and  mantles.  I know  J. 
R.  Willis,  Warden  of  the  Penitentiary;  have  known  him  about  two  years ; 
have  sold  him  grates,  mantles  and  sheet-iron  for  the  Penitentiary.  I have 
here  copies  of  the  bills  sold  to  the  Warden.  I have  never  given  Mr.  Willis, 
or  any  employe  or  member  of  his  family,  any  money  or  other  article  of  value 
in  consideration  of  his  buying  goods  of  us. 


128 


J.  R.  WILLIS,  IN  ACCOUNT  WITH  B.  HORTON  & CO. 

St.  Louis,  February  17,  1883. 


Cr. 

Dr. 

1880.  Oct.  28 

$ 2 25 

N ov . 9 . . . . 

i i i i t i 

13  02 

1881.  Aug.  19 

i t ii  it 

39  10 

Sept.  12  ... 

tt  1 1 it 

83  50 

Sept.  27 

t i 1 1 1 1 

45  00 

Nov . 1 

it  it  it 

28  96 

Nov.  7 

4 4 4 4 4 4 

5 30 

Nov.  21 

4 4 4 4 4 4 

35  09 

$252  22 

1880.  Nov.  16.... 

By  error  in  grate 

$ 1 52 

Nov.  29 

Cash 

2 25 

1883.  Feb.  16.... 

1 1 

11  50 

Nov.  22 

1 1 

39  10 

Dec.  8 

1 1 

197  S5 

— 

$252  22 

St.  Louis,  February  17,  1883. 

• 

Cr. 

Dr. 

1882.  Nov.  13 

To  merchandise,  as  per  bill  rendered.  • 

$10  10 

Nov.  28 

t i ii  i i 

9 61 

$19  71 

Nov.  28 

By  cash 

$10  10 

1883.  Feb.  10.... 

goods  returned 

9 61 

_ 

$19  71 

February  17,  1883. 


B.  HORTON. 


129 


C.  W.  S.  Cobb,  being  duly  sworn,  testifies  as  follows ; I am  of  the  firm 
of  Geotz  & Cobb.  I know  J.  R.  Willis,  Warden  of  the  Penitentiary.  Have 
sold  him  supplies  for  the  Penitentiar}7.  The  account  herewith  shows  all  deal- 
ings with  him. 

We  never  gave  Mr.  Willis  or  any  one  in  his  employ,  or  any  member  of 
his  family  any  money  or  other  consideration  by  reason  of  his  purchasing 
supplies  from  us. 

Mr.  JAS- R.  WILLIS,  WARDEN,  JEFFERSON  CITY,  MO.,  IN  ACCOUNT 

WITH  GOETZ  & COBB. 


Dr. 

Cr. 

1881.  May  21 

350  bu.  Gl.  lime  at  18c,  No.  2547*. 

$63  00 

June  20 

350  bu  • Gl  • lime , at  20c , 2582  • • 

70  00 

July  8 

350  bu.  Gl*  lime,  at  20c,  2522 •• 

70  00 

July  20 

350  bu.  Gl.  lime  at  20c,  2549.. 

- 

70  00 

August  12 

25  bis.  L.  cement,  at  $1.15  

28  75 

August  23 ... . 

350  bu.  Gl.  lime,  at  22c,  2523.. 

| 

i 

77  00 

October  12... 

350  bu . Gl-  lime,  at  22c,  2528.. 

77  00 

$455  75 

1 881  . .Tiinp  In 

Ry  o.{\  sb 

Sfi3  00 

July  21 

By  cash 

70  00 

September  19. 

By  cash 

175  75 

Nov.  22 

By  cash 

147  00 

$455  75 

$4o5  7o 

C.  W.  S.  COBB. 

February  17,  1883. 


J.  F.  Imbs,  being  duly  sworn,  testifies  as  follows:  lam  a merchant 
miller.  I am  acquainted  with  Jas.  R.  Willis,  Warden  of  the  Penitentiary, 
and  have  furnished  him  at  three  different  times  supplies  for  the  Penitentiary, 
as  appears  from  the  bills  herewith  submitted  as  part  of  mv  testimony. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying 
goods  of  your  firm,  have  you  ever  given  him,  individually  or  otherwise,  any 
rebates,  discounts  or  other  consideration  whatever? 


c r p — 9 


130 


Mr.  Imbs : Never.  Nor  any  member  of  his  family  nor  any  one  in  his 
employ. 

Mr.  McGrath : How  did  Mr.  Willis  make  these  purchases  ? 

Mr.  Imbs:  In  the  regular  way  on  ’Change.  He  bought  the  goods  with 
the  same  care  for  the  interest  of  the  State  that  any  other  business  man  would 
to  his  own  interest,  and  we  found  Mr.  Willis  as  complete  an  expert  in  the 
purchases  of  these  goods  as  any  of  our  other  customers ; in  fact,  more  so. 
Our  business  with  him  has  been  on  a cash  basis,  and  our  dealings  with  him 
in  every  particular  as  satisfactory  as  with  any  of  our  customers.  We  found 
him  as  well  posted  in  the  current  prices  of  flour  as  the  general  run  of  our 
customers. 

MISSOURI  STATE  PENITENTIARY  IN  ACCOUNT  WITH  J.  F.  IMBS  & CO. 

St.  Louis,  February  17,  1883. 


Dr. 

Cr. 

1881 . August  5. . • 

Nov.  22 

1882.  Jan.  28.... 

Ano*.  1 ... 

To  merchandise 

$344  95 

684  80 

To  merchandise 

q'n  interest  

6 84 

225  00 

To  m pmh nnrlisp. 



1881.  Aug.  10.... 

1882.  Jan.  28.... 

Oct  11 

Tly  p.ji  sh 

$344  95 

691  54 

iBy  cash * 

By  cash 

225  00 

$1,261  59 

$1,261  59 

St.  Louis,  August  5th,  1881. 


I.  & S-  L. , 480  4-sacks  star  flour,  at  874c 
6255  less  freight 


$420  00 
82  80 
$337  20 
7 75 
$344  95 


One  barrel  bouquet  patent  flour 


131 


St.  Louis,  November  22d,  18S1. 


$800  00 

115  20 

Less  freight — — 

$684  80 

August  1st.  18S2. 

50  barrels  Our  Choice  flour,  at  $4.50 1 

$225  00 

J.  F.  IMBS. 

February  17,  1883. 

John  W.  Harrison,  being  duly  sworn,  testifies  as  follows : I am  of  the 
firm  of  Shickle,  Harrison  & Howard  Iron  Co. ; I herewith  submit  an  abstract 
of  all  our  transactions  with  the  Warden  of  the  Penitentiary ; we  never  gave 
the  Warden  or  any  one  in  his  employ  or  any  member  of  his  family  any 
money,  or  other  article  of  value  in  consideration  of  his  making  purchases  of 
us;  our  business  relations  with  the  Warden  have  always  been  as  satisfactory 
as  with  any  other  of  our  customers. 

MISSOURI  STATE  PENITENTIARY,  BOUGHT  OF  SHICKLE,  HARRISON  & 

HOWARD  IRON  CO. 

St.  Louis,  February  17,  1883. 


1881.  Oct.  4 

To  merchandise — sales  book  of  1881 — folio  297-. 

$78  00 

1 

Oct.  14 

44  44  44  44  309.. 

1 385  00 

Dec.  13-14 

44  “ 1881-2  44  48.. 

1 ,126  55 

1882.  Jan.  23 

“ ‘ “ 44  103.. 

12  4S 

Mar.  3-27 

“ “ 41  44  138.. 

102  00 

Mar.  3-27 

44  * 4.  a 146<> 

33  90 

May  11 

44  44  44  44  222.. 

8 60 

Oct.  2-25 

44  44  1882-3  44  5.. 

16  70 

$1,763  23 

February  17,  1883. 


JOHN  W.  HARRISON. 


132 


A.  A.  Mellier,  being  duly  sworn,  testifies  as  follows:  “I  am  a whole- 
sale druggist.  I am  acquainted  with  Jas.  R.  Willis,  Warden  of  the  Missouri 
Penitenitiary.  He  has  made  some  purchases  from  me  for  the  Penitentiary, 
but  they  were  small  ones.  These  purchases  were  made  by  order,  which  were 
filled  under  my  direction.  In  consideration  of  these  purchases.  I have  never 
given  him  any  rebate,  or  to  any  one  in  his  employ,  or  to  any  member  of  his 
family. 

Mr.  McGrath:  Why  did  he  leave  off  purchasing  from  your  house? 

Mr.  Mellier:  Because  of  personal  friendship  for  a young  man  who  was 
formerly  in  my  employ  but  who  has  taken  an  interest  in  another  house.  Mr. 
Willis  has  almost  entirely  ceased  to  trade  with  me.  From  my  experience  in 
dealing  with  Col.  Willis,  I have  no  reason  to  believe  that  it  was  for  any  other 
consideration  than  that  of  friendship.  In  selling  goods  to  the  Warden  we 
always  sold  at  wholesale  prices.  He  bought  as  cheap  from  our  house  as  any 
body  else  could  buy  who  bought  in  such  quantities. 

A.  A.  MELLIER. 

February  16,  1883. 

E.  Argo,  being  duly  sworn,  testifies  as  follows : I am  secretary  of  the 
Laclede  Fire  Brick  Co.  I came  in  response  to  a subpoena  issued  for  Mr.  T. 
T.  Green,  who  is  not  there  now.  I have  as  good  facilities  for  knowing  of 
the  business  of  the  company  as  he  had,  and  better.  I knowr  Col.  Willis, 
Warden  of  the  Penitentiary. 

Mr.  McGrath : What  business  transactions  have  you  had  with  the  Peni- 
tentiary, and  what  was  the ’extent  of  them? 

Mr.  Argo : Mr.  Willis  has  bought  sewer  pipe  and  fire  brick  from  our 
concern.  During  the  year  1880  and  1881,  he  bought  $1,108.59  worth  of 
sewer  pipe  and  fire  brick  of  that  class  of  us,  wiiich  we  shipped  to  him  to  the 
Penitentiary  at  Jefferson  City.  This  is  the  full  extent  of  our  business  re- 
lations within  that  time. 

Mr.  McGrath : What  discounts  do  you  allow  off  of  your  list  price. 

Mr.  Argo : The  discounts  vary  according  to  the  size  and  chacter  of  the 
goods.  In  making  out  our  bills  we  charge  the  list  price  and  deduct  the  dis- 
count, all  of  which  appears  on  the  bills. 

Mr.  Grath:  Did  you  have  any  business  transactions  with  the  Warden 
other  than  those  shown  by  this  abstract? 

Mr.  Argo:  No,  sir. 

Mr.  McGrath  : Did  you  ever  give  to  the  Warden  money  or  any  article 
of  value  in  consideration  of  his  doing  business  writh  j^our  firm? 

Mr.  i^rgo:  We  did  not. 

Mr.  McGrath:  Or  to  any  other  person  for  him? 

Mr.  Argo:  No,  sir. 


133 


Mr.  McGrath : Did  any  member  of  your  firm  do  so  ? 

Mr.  Argo  : No,  sir. 

Mr.  McGrath:  Could  this  be  done  without  your  knowledge? 

Mr.  Argo:  It  could  not  and  show  on  the  records  of  the  firm. 

Mr.  McGrath : How  were  you  paid  for  those  goods  ? 

Mr.  Argo : By  sight  draft. 

Mr.  McGrath : In  what  time  ? 

Mr.  Argo : I think  they  were  all  paid  for  within  60  days ; the  price 
was  paid  in  cash  and  the  goods  were  sold  as  low  as  we  could  seb  to  any  one. 

J.  R.  WILLIS.  BOUGHT  OF  LACLEDE  FIRE  BRICK  MANUFACTURING  CO. 

St.  Louis,  February  16,  1883. 


Dr. 

Cr. 

1880.  March  3.... 

To  merchandise  as  per  bill  rendered 

.$100  00 

Oct.  27.... 

4 4 4 4 4 4 

139  50 

Dec.  6 — 

- 

15  00 

1881.  Feb.  17.... 

4 4 4 4 4 4 

30  00 

Mar.  16.... 

4 4 4 4 4 4 

30  00 

Mar.  21.... 

4 4 4 4 4 4 

58  80 

June  11.... 

“ 

125  00 

J uly  8 ... 

4 4 4 4 4 4 

126  50 

■ • i 

July  22.... 

4 4 4 4 4 4 

3 50 

j 

July  26 

4 4 4 4 4 4 

2 40 

July  28.... 

4 4 4 4 4 4 

300  00 

Aug.  6 

“ 

1 64 

Aug.  12 

“ 

75 

Aug.  18 

(t  Ct  44 

40 

Aug.  25 

i t 4 4 4 4 

144  00 

Sept.  24 

31  10 

Mar.  17 

By  cash 

$100  00 

Nov . 30 .... 

cash 

139  50 

J a n . 25 .... 

cfl  «h 

15  00 

April  15 ... . 

cash 

118  80 

July  26 

merchandise  returned 

2 40 

134 


Cr. 

Dr. 

July  21.... 

Sept.  1 — 

Sept.  20  — 

Nov,  22.... 

By  cash 

$ 125  00 

30  00 

546  79 

31  10 

freight , 

cash 

cash 

$1,108  59 

$1,108  59 

E.  ARGO. 

February  16,  1883. 


Samuel  R.  Newsom,  being  duly  sworn,  testifies  as  follows:  I am  in  the 
wholesale  grocery  business  with  the  firm  of  Green,  Lockwood  & Co.  Have 
been  with  them  since  the  first  of  February,  1882.  Prior  to  that  time  I was 
principal  manager  of  Nave  & McCord.  They  quit  business  January  1,  1882. 
They  were  in  the  wholesale  grocery  business  in  this  city.  I know  Col.  Willis, 
Warden  of  the  Penitentiary.  He  purchased  supplies  for  the  Penitentiary 
from  Nave  & McCord.  His  purchases  in  1881,  amounted  to  about  $750  a 
month.  I sold  him  all  the  goods  myself,  every  dollars  worth  he  bought  in 
the  house  during  that  time.  There  were  never  any  remittances  made  by  the 
firm  of  Nave  <$z  McCord  to  Jas.  R.  Willis  as  Warden  or  individually.  We 
purchased  brooms  of  Mr.  Willis.  When  he  paid  his  accounts,  he  was  credited 
with  the  account  for  the  brooms  and  paid  the  balance.  I am  satisfied  they 
never  sent  him  a check.  This  could  have  been  done  without  my  knowledge, 
but  I don’t  think  it  is  probable. 

Mr.  Krauthoff:  So  far  as  you  know,  did  any  member  of  the  firm  of 
Nave  & McCord  or  any  person  in  their  employ  or  by  their  direction  ever  give 
to  Mr.  Willis  or  any  member  of  his  family  or  any  person  in  his  employ,  any 
rebate  or  other  consideration  by  reason  of  any  purchases  made  by  him  of 
said  firm  ? 

Mr.  Newsom:  No,  sir. 

Mr.  Krauthoff:  If  such  had  been  done  would  you  have  known  it? 

Mr.  Newsom  : I would  most  certainly  have  known  it. 

Mr.  Krauthoff:  Was  there  ever  at  any  time  paid  to  Mr.  Willis  any 
greater  or  other  amount  for  the  goods  purchased  of  him,  than  that  at  which 
they  were  billed? 

Mr.  Newsom:  No,  sir.  Our  sales  to  the  Penitentiary  always  exceeded 
our  purchases  of  them.  Nave  & McCord  had  two  business  houses  in  St. 
Joe,  one  under  the  firm  name  of  Nave,  McCord  & Co.,  and  the  other  C.  D. 


135 


Smith  & Co.  Also  one  at  Kansas  City,  the  firm  being,  McCord,  Nave  & Co. 
The  Nave,  McCord  & Co.  house  at  St.  Joe,  bought  brooms  from  the  Warden. 
I don’t  think  Mr.  Willis  bought  any  goods  of  them.  The  goods  bought  by 
the  St.  Joe  house  were  not  credited  on  the  account  of  purchases  made  here. 
The  St.  Joe  house  did  their  own  buying  and  selling.  Whatever  goods  they 
bought  of  the  Penitentiary  they  remitted  for  themselves.  We  never  sent  him 
any  checks  or  made  any  remittences  from  the  St.  Louis  house.  The  St.  Joe 
house  probably  did  send  him  some  checks  in  payment  for  their  purchases. 
The  business  of  the  St.  Joe  house  and  the  St.  Louis  house  were  kept  entirely 
separate.  Mr.  Willis  made  his  purchases  from  us  in  person.  Our  goods 
have  always  been  sold  for  30  days  or  one  per  cent,  off  for  cash. 

Mr.  McGrath : Have  you  brought  an  abstract  from  your  books  of  your 
account  with  the  Wrden? 

Mr.  Newsom : No,  sir. 

Mr.  McGrath:  Why  have  you  not? 

Mr.  Newsom:  Because  I have  none  of  their  books  in  my  posses- 
sion, because  the  firm  went  out  of  business  in  January,  1882,  being  succeeded 
by  Green,  Lockwood  & Co.  Mr.  Nave  settled  up  the  affairs  of  the  firm  him- 
self. Neither  he  nor  any  member  of  the  firm  is  in  the  chy,  and  the  books  of 
the  old  firm  are  not  in  our  possesion.  Mr.  Willis  is  not  trading  with  our 
house.  The  account  of  Nave,  McCord  & Co.,  was  kept  with  the  Missouri 
Penitentiary,  and  the  goods  were  marked  that  way.  All  purchases  made  by 
him  were  charged  to  that  account  and  all  purchases  made  of  him  were 
credited  to  it.  In  our  dealing  with  the  Warden  we  regarded  him  as  com- 
petent to  purchase  goods,  and  he  made  the  purchases  with  the  same  care  for 
the  interest  of  the  State  that  a merchant  would  to  his  owrn  interest.  He 
always  got  the  bottom  prices.  Our  business  relations  have  been  as  satis- 
factory with  him  as  Vith  any  of  our  customers. 

SAMUEL  R.  NEWSOM. 

February  17,  1883. 

W.  A.  Hargadine,  being  duly  sworn,  testifies  as  follows : I am  of  the 
firm  of  Crow,  Hargadine  & Co.,  wholesale  dry  goods  merchants. 

Mr.  McGrath:  Do  you  know  J.  R.  Willis,  Warden  of  the  Penitentiary? 

Mr.  Hargadine:  Yes. 

Mr.  McGrath:  Have  you  had  any  business  transactions  with  him? 

Mr.  Hargadine:  My  firm  has  had  business  transactions  with  Jas.  R. 
Willis,  Warden  from  June  3,  1878,  to  the  present  time. 

Mr.  McGrath : State  the  value  of  these  transactions  ? 

Mr.  Hargadine : The  following  abstract  will  show  the  extent  of  our 
dealings  from  January  1,  1881 : 


136 


MR.  J.  R.  WILLIS,  WARDEN,  IN  ACCOUNT  WITH  CROW,  HARGA- 

DINE  & CO. 


1881.  Jan.  4... 
Feb.  1... 
Mar.  3... 
Mar.  8... 
April  2 . . . 
May  4 . . . 
May  11... 
June  3... 
July  2 . . . 
J uly  5 . . . 
Aug.  2... 
Aug.  2... 
Aug.  2... 
Sept.  3... 
Sept.  3... 
Sept.  15... 
Sept.  19. . . 
Sept.  21 . . . 
Sept.  26. . . 
Oct.  12... 
Oct.  22... 
Nov.  1... 
Nov.  8... 
Nov.  14... 
Nov.  15-.. 
Nov.  17... 
Nov.  26  .. 
Dec.  5... 
Dec.  13... 


To  merchandise,  60 


Cr. 


Dr. 


$296  46 
371  20 
159  07 
2 60 
483  71 
292  77 


195  82 


bill  Singer  Manufacturing  Co 
merchandise,  60 

i i 


493  54 
296  98 
3 00 
264  86 
159  25 


bill  Singer  Manufacturing  Co 

merchandise,  60 

bill  Libby  & Williams 

merchandise , 60 


; i 

“ 90 


2 25 
301  38 

3 60 
32  97 

122  50 
6 83 
80 
963  00 
19  50 


60 


760  53 
537  92 
42  00 
122  92 
425  84 
29S  08 
686  56 


532  43 


137 


Dec. 

15. . . 

Dec. 

29... 

Dec. 

31... 

1882. 

Jan. 

3... 

Feb. 

1... 

Feb. 

1... 

Mar. 

1... 

Mar. 

8... 

May 

2... 

June 

2... 

June 

24... 

June 

26... 

July 

3... 

Aug. 

2... 

Sept. 

5.  • . 

Oct. 

5... 

Oct. 

11... 

Oct. 

12... 

Nov- 

2... 

Nov. 

10... 

Nov. 

27... 

Dec. 

7... 

Dec. 

30... 

1883. 

Jan. 

2... 

Jan. 

13... 

Feb. 

1... 

Feb. 

6... 

Feb. 

9... 

Feb. 

9... 

merchandise 


bill  Simmons  Hardware  Co . 
merchandise , 60 


Cr. 


paid  postage. 


from  J anuary  1 


Dr. 


$ 696  75 
32  40 
286  23 
304  61 
12  00 
544  41 
245  89 
167  50 
256  46 
446  09 
205  55 
20  21 
141  83 
421  60 
44  56 
300  15 
1 00 
26 

396  80 
161  44 
152  06 
778  32 
706  90 
151  35 
139  58 
117  69 
18  00 
159  00 
2 00 


$14,789  01 


138 


1881.  Mar. 

28. 

April 

1. 

April 

29. 

June 

4. 

June 

13. 

J uly 

13. 

Aug. 

9. 

Dec. 

1 

Dec. 

31. 

1882.  Jan. 

12. 

Mar. 

15. 

April 

28. 

July 

6. 

Aug. 

3. 

Aug. 

9. 

Sept. 

9. 

Oct. 

12. 

Nov. 

10. 

Nov- 

8. 

Dec. 

6. 

1883.  Jan. 

10. 

Feb. 

8. 

By  cash 


merchandise,  ail’d  on  rej.  stripes, 

casli 

note,  due  April  5,  1882 

cash . ? 


md ’ se  (1  p.  awning  border , ret ’ d , 
44,  at  13c.)  


cash 


md’se  l1  P*  Peking  ret’ d.  .$7.31.  1 
ma  se/ldoz.h’dk'fs,  “ $3.  / 


“ (1  lb.  Belding  tailor  twist, 

returned 


cash 


md’se  (1  bale  Ornab’g,  returned. 
1263,  at  8,) 


cash 


md’se  (24  yards  shirt  studding,  re- 
turned, at  75c.) 


Balance  due  us . 


Cr. 


Dr. 


$296 

46 

371 

20 

161 

67 

483 

71 

488 

59 

493 

54 

299 

98 

894 

44 

56 

48 

982 

50 

2,817 

38 

1,852 

41 

969 

80 

5 

72 

256 

46 

10 

31 

8 

50 

1 

813 

68 1 
1 

101 

08 

450 

13! 

901 

87 

18 

00 

$12,733  91 
$2,055  10 


Mr.  Downing:  How  were  these  purchases  made? 

Mr.  Hargadine : These  purchases  were  chiefly  made  by  Mr.  Willis  in 
person.  We  never  made  any  remittances  to  Mr.  Willis  nor  allowed  him 
an}"  discounts  nor  any  rebates  nor  any  commissions  on  purchases  made  by 
him  personally  or  by  order.  We  have  never  given  him  any  valuable  consid- 


139 


eration  or  to  any  one  in  his  employ  or  to  any  member  of  his  family,  or 
suffered  the  same  to  be  done  by  any  one  in  our  employ,  and  it  could  not  be 
done  without  our  knowledge,  nor  we  don’t  allow  any  such  transactions. 

Mr.  McGrath  : Were  the  goods  that  you  have  sold  to  the  Warden  such 
goods  as  are  sold  at  a list  price  with  a certain  discount  off? 

Mr.  Hargadine : The  bills  rendered  at  the  time  of  purchase  will  show 
the  whole  transaction  and  correspond  with  the  books.  When  we  sold  any- 
thing on  which  there  was  a discount,  it  was  entered  on  the  bills  and  the  State 
reaped  the  benefit. 

Mr.  McGrath : How  have  you  been  paid  for  those  purchases  ? 

Mr.  Hargadine:  We  have  regarded  our  sales  to  the  Warden  as  cash 
transactions  ? 

Mr.  McGrath : Did  you  regard  Mr.  Willis  to  exercise  the  same  care  iU 
making  purchases  for  the  State  as  a prudent  business  man  would  do  for  him- 
self ? 

Mr.  Hargadine:  Yes,  sir;  and  further,  he  is  the  most  careful  and  par- 
ticular man  who  has  ever  been  in  our  house,  holding  a public  trust. 

Mr.  McGrath : What  do  you  mean  by  cash  transactions  as  mentioned 
above  ? 

Mr.  Hargadine : Cash  transactions  are  bills  paid  in  ten  days. 

Mr.  McGrath : Then,  your  accounts  with  the  Warden  are  what  you  call 
open  accounts? 

Mr.  Hargadine : Yes,  sir. 

W.  A.  HARGADINE. 

February  17,  1883. 

Edward  C.  Simmons,  being  duly  sworn,  testifies  as  follows:  I am  pres- 
ident of  the  Simmons  Hardware  Co.,  and  am  engaged  in  the  hardware 
business.  I have  known  Jas.  R.  Willis,  Warden  of  the  Penitentiary,  for  five 
or  ten  pears.  He  has  purchased  supplies  for  the  Penitentiary  at  our  house. 
He  has  purchased  probably  $1,000  from  us  in  two  years.  They  have  been 
made  largely  by  mail  orders  and  partly  through  our  Secretary. 

Mr.  Downing:  In  consideration  of  these  purchases  or  his  buying  goods 
of  your  firm,  have  you  ever  given  him,  individually  or  otherwise,  any  rebates, 
discounts  or  other  consideration  whatever? 

Mr.  Simmons:  No,  sir.  Nothing  whatever. 

Mr.  Downing:  In  consideration  of  these  purchases,  have  you  ever 
given  anything  to  anyone  in  his  employ  or  to  any  member  of  his  family? 

Mr.  Simmons.  Nothing. 

.Mr.  Downing:  Did  any  one  in  your  employ  or  by  your  direction  ever 
do  so  ? 

Mr.  Simmons : No,  sir. 


140 


Mr.  Downing : State  whether  or  not  any  rebates  or  discounts  were  ever 
allowed  on  bills  purchased  by  him  for  the  State  ? 

Mr.  Simmons:  We  have  allowed  him  the  same  discounts  that  we  allow 
other  customers,  which  discounts  appear  on  the  bills  and  for  the  benefit  of 
the  State. 

Mr.  Downing:  Were  any  discounts  ever  allowed  him  in  any  case  where 
the  State  did  not  receive  the  benefit  of  such  discount? 

Mr.  Simmons : No,  sir. 

Mr.  McGrath : From  your  business  relations  with  Mr.  Willis,  do  you 
regard  him  as  a fair  business  man? 

Mr.  Simmons:  Yes,  sir;  he  is  as  close  a buyer  as  the  average  of  our 
customers. 

Mr.  McGrath : How  have  you  been  paid  for  those  goods? 

Mr.  Simmons  : Within  thirty  and  sixty  days  ; if  paid  within  ten  days 
we  would  have  given  a discount  of  2 per  cent,  on  the  60-day  bills  ; we  conduct 
a large  retail  business  in  connection  with  our  wholesale  business,  and  Mr. 
Willis,  when  making  purchases,  has  frequently  gone  into  the  retail  depart- 
ment and  bought  some  little  things,  which  he  always  paid  for  out  of  his  own 
pocket ; many  of  our  wholesale  customers  make  these  retail  purchases,  and 
many  of  them  ask  that  the}r  be  not  charged  to  them,  but  Mr.  Willis  has  never 
done  so ; this  has  been  prominently  brought  to  our  attention  that  he  has 
always  avoided  this  thing. 

EDWARD  C.  SIMMONS. 

February  16,  1883. 

Lewis  M.  Rumsey,  being  duly  sworn,  testifies  as  follows : I am  Presi 
dent  of  the  L.  M.  Rumsey  Manufacturing  Co.,  and  engage  in  manufacturing 
and  merchandising;  I am  acquainted  with  Jas.  R.  Willis,  Warden  of  the 
Penitentiary  and  have  furnished  supplies  to  the  Penitentiary ; I herewith 
submit  a transcript  of  my  books  from  the  time  Mr.  Willis  commenced  deal- 
ing with  us  to  the  present  time ; the  account  was  kept  with  the  Missouri 
Penitentiary ; Mr.  Willis  usually  made  his  purchases  in  person,  sometimes 
buying  from  me  and  sometimes  from  my  employes ; he  generally  looked  all 
around  town  before  purchasing  and  is  a very  close  buyer ; sometimes  the 
purchases  were  made  by  mail  orders ; I have  never  made  any  remittances  to 
Mr.  Willis  by  draft  or  otherwise ; we  never  had  an  account  with  Mr.  Willis 
except  as  shown  on  these  abstracts ; we  never  paid  him  any  commissions  on 
any  bills  purchased  of  us ; if  we  have  ever  allowed  him  any  rebate  or  dis- 
count the  abstract  will  show  it ; some  of  our  goocfe  are  sold  by  list  prices 
with  a certain  discount  off,  all  of  which  is  shown  on  the  bills  and  conse- 
quently accrues  to  the  benefit  of  the  State ; we  have  never  made  Mr.  Willis, 
or  any  of  his  family,  or  any  one  in  his  employ  any  present  to  the  value  of  a 


141 


cent  in  consideration  of  his  making  purchases  of  us ; the  only  inducement 
he  had  to  buy  goods  of  us  was  that  we  sold  him  goods  as  cheap  as  anyone 
else ; he  came  to  our  house  of  his  own  accord  and  the  only  inducement  he 
could  have  was  as  herein  above  stated. 

Mr.  McGrath : Did  Mr.  Willis  purchase  goods  with  the  same  care  to 
protect  the  interest  of  the  State  that  a prudent  business  man  would  to  pretect 
his  own  interest? 

Mr.  Rumsey : Mr.  Willis,  in  his  purchases,  always  seemed  to  be  posted 
in  the  price  of  goods ; I never  knew  him  to  order  any  article,  in  making  a 
bill  of  goods,  until  a price  had  been  established  to  his  satisfaction  and  he 
used  more  than  usual  care  and  judgment  in  the  purchase  of  his  goods,  both 
as  regards  quality  and  price,  to  the  minutest  detail. 

Mr.  McGrath : Did  anyone  in  your  employ  give  Mr.  Willis  any  money 
or  present  in  consideration  of  these  purchases  ? 

Mr.  Rumsey:  No,  sir. 

Mr.  McGrath : Could  this  be  done  without  your  knowledge  ? 

Mr.  Rumsey:  No,  sir;  our  business  relations  with  Mr.  Willis  have 
been  very  satisfactory. 

MISSOURI  STATE  PENITENTIARY  JEFFERSON  CITY,  MO.,  IN  ACCOUNT 
WITH  L.  M.  RUMSEY  MANUFACTURING  COMPANY,  ST.  LOUIS, 
MO.,  (No.  1.) 


1880. 

Nov. 

19... 

Dec. 

20... 

1881. 

Jan . 

14... 

Jan. 

25... 

Feb. 

1... 

Feb. 

3... 

Feb. 

7... 

Feb. 

12 . . . 

May 

2... 

May 

18... 

May 

21... 

May 

23  .. 

May 

25... 

May 

28... 

JTo  merchandise 

| 

4 ; 

I 

4 4 

4 4 

4 4 

4 4 

4 4 

4 * 

4 4 

4 4 

4 4 

4 4 


1 

Cr. 

I 



Dr. 


$ 33  74 
114  97 
72  61 
33  04 
12  67 

6 98 

7 09 
39  07 

4 22 
323  30 
36  42 
10  50 
55  32 


58  65 


142 


1881. 


Cr 

•Tn tip,  9 . . . . 

.rnnp  10.... 

.Tune  11  .... 

• 

4 4 < 

4 lino  24 .... 

i i 

June  23 .... 

4 4 

I 

July  15 ... . 

4 4 

July  22 

4 4 

A UO' . 10  ...  . 

4 4 

Jan.  10.... 

By  cash 

$ 33  74 

April  15 

4 4 

286  43 

June  13 ... . 

l 4 

I 

96  07! 

June  23 

“ 

1 

393  34 

June  24 

“ 

14  55 

July  21  ... 

4 4 

153  24 

Aug.  9 

4 4 

7 80 

Aug.  22 

1 merchandise 

47  60 

Sept.  20 

cash 

109  80 

Dr. 


$ 1 00 

2 72 
7 80 

104  78 
17  83 

3 70 
14  55 

2 60 
2 60 
2 90 
16  11 
44  96 
38  65 
73  79 
f 1,142  57 


$ 1,142  57 


Total 


143 


Missouri  State  Penitentiary  Jefferson  City,  Mo.,  in  account  with  L.  M.  Kumsey 
Manufacturing- Company,  St.  Louis,  Mo.,  (No.  2.) 


| 


Cr. 


Dr. 


1881.  Sept.  2.. 
Sept.  8.. 
Sept.  12.. 
Oct.  11.. 
Oct.  27-. 
Nov.  25.. 
Dec.  5.. 
Dec.  6.. 
Dec.  8.. 
Dec.  10.. 
Dec.  23.. 
Dec.  24.. 
Dec.  31.. 

1882.  Jan.  7 • 
Jan.  28.. 
Feb.  4.. 
Mar.  6.. 
Mar.  15.. 
Mar.  17.. 
Mar.  28.. 
Mar.  30.. 
Mar.  31.. 
April  4 . . 
April  8 . . 
April  10 . . 
April  12.. 
April  13  • • 
April  14 . . 
April  15. . 


To  merchandise 


i . 


i i 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 

4 4 


$ 1 35 
14  95 
28  34 
10  75 
116  78 
8 25 
5 00 
12  75 

4 50 
73  13 

212  65 
8 44 

5 95 
53  00 

6 06 
21  64 

5 50 
2 81 
5 50 
47  32 

12  45 
1 20 

13  85 
51  14 
18  67 
80  68 

2 50 
79  91 
2 50 


144 


Cr. 

Dr. 

1882.  \pril  17 

To  morohandisp. 

$ 8 80 

April  25 

4 4 

4 50 

April  26 

“ 

24 

April  27  ... 

4 4 

25 

April  28 ... . 

“ 

1 60 

May  12 

4 4 

10  80 

May  16.... 

12  50 

May  20 

4 4 

3 50 

43  55 

4 35 

4 4 

260  50 

129  29 

4; 

29  21 

.Tn  np  In 

i i 

37  67 

Tii  np  1 

4 4 

46  65 

U UilC  JLU**** 

Jnnp  OQ 

78  25 

O IIIIC  i-iO  • • • • 

Jnnp  9fi 

4 4 

2 63 

»/  tine  £j\j  • • • 

July  7.... 

“ 

5 70 

4 4 

6 00 

$ 1,607  96 

1881.  Sept.  20.... 

By  cash 

$ 16  30 

Xov.  22.... 

4 4 

127  53 

1882.  Jan.  11.... 

^ 1 

304  98 

Jan.  19,... 

1 1 

28  34 

Jan.  24.... 

merchandise 

7 42 

Mar.  27.... 

< t 

4 00 

Mar.  30 

cash 

4 31 

May  13.... 

merchandise 

4 50 

June  7 

cash 

157  00 

J uly  7 

1 1 

258  54 

July  24.... 

merchandise 

77  20 

145 


Cr. 

1882.  Aug.  5.... 

To  merchandise 

$ 25 

Aug.  9 ... 

cash  

70  35 

Oct.  11.... 

- 

24  44 

Oct.  11  ... 

44  

522  80 

Dr. 


$ 1,607  96 


Missouri  State  Penitentiary  Jefferson  City,  Mo.,  in  account  with  L.  M.  Rumsey 
Manufacturing  Company,  St.  Louis,  Mo.,  (No.  3.) 


1 

Cr. 

Dr. 

1882.  Oct.  21 

To  merchandise 

$ 15  55 

Oct.  28 

33  35 

Nov.  10 

. 

11  27 

Nov.  15 

4 4 

192  25 

Nov-  17 ...  > 

19  10 

Nov.  21 

7 68 

Dec . 7 . . . 

113  83 

Dec . 15 

4 4 

11  93 

Dec.  30 

4 4. 

14  05 

$ 419  01 

1883.  Jan.  5.... 

By  merchandise 

$ 4 00 

Balance 

$ 415  01 

• 

L.  M.  RUMSEY. 

February  17,  1883. 


Laclede  J.  Howard,  being  duly  sworn,  testifies  as  follows:  I am  of 
the  firm  of  Evans  & Howard,  and  engage  in  the  manufacture  of  fire-brick, 
clay  pipe,  etc.;  I am  business  manager  in  the  city;  I have  seen  Jas.  R. 
Willis  Warden  of  the  Penitentiary,  but  am  not  personally  acquainted  with 


c k p — 10 


146 


him  ; he  has  purchased  supplies  from  our  house  ; I have  here  a memoranda  of 
his  transactions  with  us  from  1880  to  the  present  time,  it  being  an  abstract 
from  our  books;  our  business  amounts  to  $671.20,  as  shown  by  the  abstract, 
which  I make  as  part  of  my  testimony  ; I never  gaveto  the  Warden  or  to  any- 
one in  his  employ,  or  to  any  member  of  his  family,  any  money  or  other  val- 
uable consideration  by  reason  of  his  purchases  from  us ; the  goods  purchased 
from  us  were  purchased  with  the  same  care  as  any  other  business  man  would 
purchase  them,  and  we  sold  to  him  from  our  list  price  with  the  usual  dis- 
counts, as  will  appear  from  our  bills  rendered  at  the  time  of  the  transactions, 
such  discounts  going  to  the  benefit  of  the  State. 


MISSOURI  PENITENTIARY,  J.  R.  WILLIS,  WARDEN,  IN  ACCOUNT  WITH 

EVANS  & HOWARD  FIRE  BRICK  CO. 

♦ 


Dr. 

Cr. 

1880.  Jan.  10 

1 barrel  D.  M.  lire  clay 

$3  00 

Mar.  17 

Pairl  cash 

$3.00 

1881.  Nov.  28 

150  ps.  12-inch  sewer  pipe,  at  $1.50.. 

225  00 

Nov-  28.... 

12  ps.  6x12  Y.  junction,  at  $3.00... 

36  00 

Nov.  28.... 

12  ps.  G-inch  curve,  at  $1.00 

12  00 

N o v • 28 .... 

Credit  by  65  per  cent,  off,  $273 . 00 

177  45 

N ov  • 28 ...  • 

12  barrels  D.  M.  fire  clay,  $2.50 

30  00 

Nov.  28.... 

3,500  No.  1 square  fire  brick,  at  $23.00 

80  50 

Nov.  30  ... 

1 ps.  6x6  T.  junction 

1 20 

Nov.  30.... 

Credit  by  65  per  cent,  off  $1.20 

78 

Nov.  30.... 

150  ps.  6-iucli  sewer  pipe,  at  60c 

90  00 

Nov.  30.... 

25  ps.  4-inch  sewer  pipe,  at  40c 

10  00 

Nov.  30 

6 ps.  6-inch  sewer  curves,  at  $1.00 

6 00 

Nov.  30.... 

5 ps.  4-inch  sewer  curves ,\  at  60c. 

3 00 

Credit  by  65  per  cent,  off  $109.00 

70  85 

IN  U V • OU  • • • • 

1QQO  Top  11 

1 

Paid  cash I 

244  62 

lOOiJ  • l)  clll  • 11.... 

Mar.  3... 

125  ps.  6-inch  sewer  pipe,  at  60c j 

75  00 

Mar.  3.... 

4 ps.  6x6  Tee  junction,  at  $1.20 

4 80 j 

Mar.  3.... 

Credit  by  65  per  cent,  off  $79.80 



51  85 

Mar.  24.... 

35  ps.  42-inch  'sewer  pipe,  at  $1.50.. 

52  50 

Mar.  24.... 

Credit  by  65  per  cent . off  $52.50 

I 

34  10 

147 


Dr. 

Cr. 

April  28 

Paid  cash 

$ 46  35 

June  20.... 

25  ps.  6-inch  sewer  pipe,  at  60c 

$ 15  00 

June  20..  . 

1 ps.  6-inch  curve 

1 00 

June  20 

Credit  by  65  per  cent,  off  $16.00 

10  40 

July  7.... 

25  ps . 6-inch  ^sewer  L pipe , at  60c 

15  00 

July  7... 

6 ps.  6-inch  Tees,  at  $1.20 

7 20 

July  7 

4 ps.  6-inch  curves,  atj  $1.00 

4 00 

J uly  7 

Credit  by  65  per  cent,  off  $26.20 

17  03 

Juno  28 .... 

p^jd  oa^1 

5 60 

Aug.  .9 

Paid  cash 

9 17 

$671  20 


$671  20 


LACLEDE  J.  HOWARD. 

February  17,  1883. 

H.  L.  Fox.  being  duly  sworn,  testifies  as  follows:  I am  a member  of 
the  firm  of  H.  L.  Fox  & Co.,  and  engage  in  general  manufacturing  and 
manufacturing  supplies  ; have  been  in  business  here  about  fourteen  years  ; I 
am  acquainted  with  Jas.  R.  Willis,  Warden  of  the  Penitentiary;  have 
known  him  about  nine  years ; we  have  furnished  him  with  a great  many 
supplies  during  the  last  two  years ; have  made  shipments  to  him  nearly  every 
month,  our  accounts  sometimes  running  up  to  $300  or  $400  a month  and 
sometimes  but  $40  to  $50  a month. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying- 
goods  of. you,  have  you  ever  given  him  any  rebate  or  other  consideration 
whatever? 

Mr.  Fox : None  whatever ; all  of  his  purchases  have  been  made 

through  me. 

Mr.  Downing:  In  consideration  of  these  purchase,  have  you  ever 
given  anything  to  anyone  in  his  employ  or  any  member  of  his  family? 

Mr,  Fox : I have  never  given  any  consideration  of  any  kind  for  Mr. 
Willis’  purchases  or  any  one  else. 

Mr.  Downing:  Did  you  ever  have  anyone  to  do  so  for  you? 

Mr.  Fox : No,  sir ; I have  known  Mr.  Willis  intimately  in  a business 
sense  for  ten  years  and  have  had  business  with  him  as  Warden  for  six  years, 
and  I have  always  found  him  a straight,  forward  and  honest  business  man 


148 


and  I regard  the  management  of  the  Penitentiary  under  his  charge  as  being 
an  exceptionally  successful  one ; I say  that  now,  as  a business  man  and 
possessing  myself  a very  intimate  knowledge  of  the  business  affairs  of  the 
Missouri  Penitentiary,  having  at  one  time  been  the  manager  of  the  leasing 
company  of  that  institution,  I regard  the  management  of  that  institution, 
to  make  it  a self-supporting  one  in  any  sense,  and  to  be  run  at  no  cost  to  the 
State,  as  a gigantic  undertaking  for  any  man  and  any  man  who  would 
accomplish  that  result,  I would  regard  him  as  a business  man  of  extra- 
ordinary ability. 

Mr.  Britts:  Have  your  accounts  been  kept  with  Mr.  Willis  personally? 

Mr.  Fox:  No,  sir,  with  the  Missouri  Penitentiary. 

Mr.  Downing:  Have  you  sent  Mr.  Willis,  Warden  of  the  Penitentiary, 
any  checks  for  money  within  the  last  two  years  ? 

Mr.  Fox : I think  not ; we  have  bought  heavy  railroad  brooms  from 
the  Penitentiary  and  this  account  might  have  been  larger  than  ours  at  some 
time  and  a check  sent  him  by  us,  in  payment  of  the  balance,  but  I don’t 
remember  any  such  instance ; to  the  best  of  my  recollection,  the  balance  of 
the  account  was  always  in  my  favor,  as  the  abstract  hereto  attached  will  show  : 

MISSOUKI  STATE  PENITENTIARY,  IN  ACCOUNT  WITH  H . L.  FOX  & CO. 

February  17,  1883. 


Dr. 

1881 . March  1 . . 

To  balance  as  per  statement  rendered. 

$170  26 

Mar.  1-30.. 

merchandise  as  per  bills  rendered . . 

35  98 

April  1-30.  • 

4 4 4 4 

789  77 

May  1-30.. 

“ 

718  74 

June  1-30.. 

S90  29 

- 

July  1-30.. 

“ - P 

166  25 

Aug.  1-30.. 

“ “ 

• 158  55 

Sept.  1-30.. 

“ 

4 77 

Oct.  1-30.. 

2 92 

Nov.  1-30.. 

“ 

211  39 

Dec.  1-30.. 

4 4 4 4 

283  36 

1882.  Jan.  17.. 

18  70 

Feb.  23.. 

“ 

149  46! 

Mar.  1-23.. 

“ 

140  89 

April  1.24.. 

388  38 

i 


149 


Dr. — Csntinued. 

1882.  May  15-29.. 

To  merchandise  as  per  bill  rendered.. 

$ 55  38 

June  15-29. . 

206  74 

July  15-29. . 

“ 

40 

July  15-29. . 

115  33 

Aug.  2-26.. 

“ 

738  42 

Sept.  2-23.. 

V 

109  75 

Oct.  3-30.. 

21  23 

4883.  Jan.  13.. 

13  90 

- 

Ck. 

Mar.  1-3.. 

By  merchandise  as  per  vour  bills 

$82  90 

April  14.. 

cash 

206  24 

April  30.. 

merchandise . 

80  24 

April  30 . . 

merchandise 

65  89 

May  30.. 

merchandise 

53  50 

May  30.. 

merchandise 

80  25 

May  30 . . 

merchandise 

1 00 

June  11.. 

cash 

117  48 

June  11.. 

cash 

229  12 

June  20.. 

cash 

789  77 

July'  13.. 

cash 

43  34 

July  21 . . 

cash 

209  40 

Aug.  9.. 

cash 

737  47 

Sept.  20.. 

cash 

74  69 j 

Nov.  14.. 

merchandise 

5 55 

Nov.  30.. 

merchandise 

267  35 

Dec.  30.. 

merchandise 

5 72 

1882.  Jan.  10.. 

cash 

323  53 

Feb.  15.. 

18  40 

Mar.  23.. 

cash 

138  66 

April  29.. 

merchandise 

30  78 

May  1.. 

merchandise | 

30 

150 


Cr — Continued . 

1882.  June  7.. 

By  cash  

$ 185  32 

July  7.. 

cash 

382  81 

July  31 . . 

merchandise  

24  00 

Aug.  9.. 

cash 

55  38 

Oct.  1.. 

merchandise 

53  00 

Oct.  14.. 

cash 

758  75 

Nov.  9.. 

cash 

298  47 

Dec.  11.. 

cash 

35  67 

Dec.  11.. 

merchandise 

75 

$5,355  1\ 

1883.  Feb.  1.. 

To  balance  due 

$35  i: 

H.  L.  FOX. 

Jesse  W.  Henry,  being  duly  sworn,  testifies  as  follow's:  “1  am  in  the 
grocery  business,  and  have  been  engaged  in  it  about  a year;  I am  acquainted 
with  Jas.  R.  Willis,  Warden  of  the  Penitentiary. 

Mr.  Downing:  State  whether  or  not  Jas.  R.  Willis,  Warden,  has  pur- 
chased any  supplies  from  you  for  the  Penitentiary? 

Mr.  Henry:  Yes.  It  will  average  about  $100  a month. 

Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying 
goods  of  you,  have  you  ever  given  him  any  rebate  or  other  consideration 
whatever? 

Mr.  Henry : I have  not. 

Mr.  Downing:  In  consideration  of  these  purchases,  have  you  ever 
given  anything  to  any  one  in  his  employ,  or  to  any  member  of  his  family? 

Mr.  Henry : I have  not. 

Mr.  Downing:  Did  you  ever  have  any  one  else  to  do  it  for  you? 

Mr.  Henry:  No  sir.  JESSE  W.  HENRY. 

February  14,  1883. 

G.  H.  Dulle,  being  duly  sworn,  testifies  as  follows;  “I  am  in  the 
milling  and  flour  business. 

Mr.  Downing : State  whether  or  not  Jas.  R.  Willis  has  purchased  from 
you  any  supplies  for  the  penitentiary  ? 

Mr.  Dulle:  Yes,  sir;  he  buys  nearly  all  of  his  flour  from  us;  this 
amounts  to  48  or  50  barrels  a month ; last  year  I sold  him  some  hay. 


151 


Mr.  Downing:  In  consideration  of  these  purchases,  or  his  buying 
goods  of  you,  have  you  ever  given  him  or  his  family  any  rebate  or  other 
consideration  whatever? 

Mr.  Dulle : Never  a nickle  sir,  nor  nothing. 

Mr.  Downing:  Do  you  know  of  anyone  in  your  employ  ever  giving  him 
anything  for  you? 

Mr.  Dulle  : No  sir.  G.  II.  DULLE. 

February  14,  1883. 

John  T.  Craven,  being  duly  sworn,  and  examined,  says:  u I am  en- 
gaged in  the  grocery  business  in  this  city ; I read  W.  S.  Pope’s  article  in  the 
Globe-Democrat  of  date  January  20,  1883  ; I never  gave  W.  S.  Pope  any  of 
the  information  contained  in  this  letter ; I never  knew  of  any  irregularities 
on  the  part  of  Mr.  Willis  in  his  management  of  the  penitentiary,  and  I never 
at  any  time  told  Mr.  Pope  that  there  was  any  irregularities  of  any  descrip- 
tion whatever ; I never  told  him  at  any  time  that  they  were  using  any  cut 
meat  or  tainted  meat  there,  and  I have  only  heard  of  such  things  through 
Mr.  Pope ; I never  heard  any  farmer  in  my  store  tell  anything  about  the 
Warden  permitting  the  State  teams  to  be  used  on  his  brother’s  farm  in  Calla- 
way count}7-,  in  the  presence  of  Mr.  Pope  or  any  one  else. 

Mr.  Downing:  State  whether  or  not  Mr.  Willis  has  purchased  any  sup- 
plies from  you  for  the  Penitentiary  within  the  past  two  years? 

Mr.  Craven:  He  has,  to  the  extent  of  $2,570.85. 

Mr.  Downing : In  consideration  of  these  purchases,  or  his  buying  goods 
of  you,  have  you  ever  given  him  any  discount,  rebate  or  other  consideration 

whatever. 

Mr.  Craven  : I never  have. 

Mr.  Downing:  Or  have  you  ever  given  anything  to  any  member  of  his 
family  or  to  any  one  in  his  employ? 

Mr.  Craven  : I have  given  Mrs.  Willis  on  one  occasion  a box  of  straw- 
berries, and  on  another  a turkey  for  Thanksgiving;  I do  this  with  all  of  my 
good  customers. 

Mr.  Downing  : Have  you  ever  given  anything  else  other  than  the  articles 
mentioned  in  your  last  answer? 

Mr.  Craven:  No,  sir.  JOHN  T.  CRAVEN. 

February  20,  1883. 

P.  II.  Riley,  being  duly  sworn,  testifies  as  follows:  I reside  here  and 
have  lived  here  since  1865  ; I am  acquainted  with  Jas.  R.  Willis,  the  Warden  ; 
have  known  him  since  Gov.  Woodson’s  inauguration. 

Mr.  Downing:  State  whether  or  not,  you  have  furnished  Jas.  R.  Willis, 
the  Warden  of  the  Penitentiary,  any  clothing,  of  nny  kind  or  description 


152 


for  the  use  of  the  Penitentiary  or  the  convicts  therein  within  the  last  two 
years  ? 

Mr.  Riley : I furnished,  some  time  within  the  last  6 or  8 months,  some 
six  or  seven  suits  of  second  handed  clothing  for  which  I received  $60. 

Mr.  Downing : Was  the  clothing*  referred  to  in  your  last  answer 
furnished  by  you  or  ordered  through  you  from  some  other  place? 

Mr.  Riley : I furnished  them  myself  on  order  of  Mr.  Willis. 

Mr.  Downing : Did  you  have  any  arrangement  of  any  kind  with  the 
Warden  by  which  the  profits  or  commissions  on  these  goods  were  to  be 
divided  between  yourself  and  the  Warden? 

Mr.  Riley:  No,  sir,  never  ; I don’t  know  that  Mr.  Willis  ever  spoke  to 
me  about  them  ; I never  gave  him  any  rebate  or  any  consideration  whatever. 

Mr.  McGrath : Did  you  ever  have  any  conversation  with  anyone  per- 
taining to  matters  now  under  investigation  before  this  committee? 

Mr.  Riley : I never  had'. 

Mr.  McGrath:  Your  business  is  that  of  merchant  tailor? 

Mr.  Riley:  Yes,  sir. 

Mr.  McGrath : Have  you  ever  heard  any  conversation  of  any  kind 
regarding  this  matter? 

Mr.  Riley:  No,  sir. 

Mr.  McGrath:  Have  you  ever  had  directly  or  indirectly  any  business 
connections  or  dealings  with  the  Warden  on  any  other  matters  besides  cloth- 
ing for  the  Penitentiary? 

Mr.  Riley:  Never,  sir. 

P.  H.  RILEY. 

Januahy  25,  1883. 

Mr.  Riley  returned  and  stated  that  at  one  time  he  furnished  a $35  suit 
of  clothes  for  a convict  who  had  been  a book-keeper  at  the  Penitentiary ; he 
received  a warrant  from  the  State  Auditor  in  payment  for  them. 

Nick  E.  Miller,  being  duly  sworn,  testifies  as  follows:  “I  am  book- 
keeper in  the  Exchange  Bank  and  was  formerly  cashier ; I am  acquainted 
with  Jas.  R.  Willis,  Warden  of  the  Penitentiary;  have  known  him  probabty 
10  years ; he  does  his  banking  business  with  the  Exchange  Bank ; his  ac- 
count was  kept  as  Warden  ; he  has  never  kept  an  individual  account ; I know 
Wm.  Meyers  ; he  was  collector  while  I was  cashier  and  kept  one  set  of  books. 

Mr.  McGrath  : Did  you  ever  have  any  conversation  with  him,  regarding 
checks  which  came  to  your  bank  from  parties  with  whom  the  Warden  was 
doing  business. 

Mr.  Miller:  No  sir,  I don’t  remember  any  special  conversation  at  all. 


153 


Mr.  McGrath:  Do  you  remember  at  any  time  his  calling  your  attention 
to  small  checks  amounting  to  from  $100  to  $300;  being  returned  to  the 
Warden  from  parties  to  whom  he  had  sent  drafts. 

Mr.  Miller*  No  sir,  I do  not;  we  have  handled  any  number  of  checks 
for  Mr.  Willis,  varying  from  $20  to  $1,000  ; but  1 do  not  know  on  what  they 
were  predicated  ; they  went  to  his  account  as  Warden  ; sometimes  he-  cashed 
them  ; there  was  never  any  suspicious  circumstances  connected  with  any 
check  I have  handled  for  Mr.  Willis. 

Mr.  McGrath : Do  you  remember  having  a conversation  with  Mr. 
Meyers  in  which  you  both  mutually  expressed  wonder  and  surprise  that  Mr. 
Willis  should  be  receiving  checks  from  St.  Louis  or  elsewhere,  from  parties 
from  whom  he  had  been  purchasing  goods. 

Mr.  Miller : No,  I don’t  remember  any  conversation  of  that  kind. 

Mr.  McGrath:  Will  your  bank  books  show  all  transactions  with  the 
Warden  for  the  past  two  years. 

Mr.  Miller : Yes  sir,  at  least  they  will  show  all  deposits  and  checks. 

Mr.  McGrath:  Do  you  think  the  pass  book  of  Mr.  Willis  would  show 
more  completely  the  transactions  than  the  books  of  the  bank. 

Mr.  Millea : It  would,  inasmuch  as  it  would  show  the  separate  items  of 
each  deposit ; I have  not  noticed  any  irregularity  in  the  management  of  the 
financial  affairs  of  the  prison  by  Mr.  Willis,  and  so  far  as  I know  he  is  a 
square,  straight  forward  business  man  ; I have  no  recollection  of  ever  having- 
received  any  check  from  him  at  which  I expressed  surprise  ; I know  of  no 
, instance  when  Mr.  Willis  received  any  checks  from  parties  to  whom  he  had 
sent  drafts ; I have  no  means  of  knowing  to  whom  Mr.  Willis  does  send 
drafts,  as  they  are  all  made  payable  to  J.  R.  Willis,  Warden. 

Mr.  McGrath : How  long  have  you  known  Meyers. 

Mr.  Miller : I have  known  him  since  he  was  a boy. 

Mr.  McGrath : What  is  his  reputation  for  truth  and  veracity. 

Mr.  Miller : I have  found  him  ordinarily  truthful  in  everything ; the 
officers  of  the  bank  all  had  confidence  in  him ; he  did  his  work  faithfully  and 
well  and  there  was  never  any  complaint  at  all. 

Mr.  McGrath:  Was  his  opportunity  of  acquiring  knowledge  of  these 
things  equal  or  superior  to  yours. 

Mr.  Miller : No  sir,  they  were  not  equal  to  mine ; I regard  him  as  a 
young  man  of  very  high  prejudice  and  I don’t  think  he  had  any  great  per- 
sonal admiration  of  Mr.  Willis  ; I know  at  one  time  his  father,  and  Mr.  Willis 
had  a misunderstanding  that  prejudiced  young  Meyers  against  Mr.  Willis; 
whether  that  would  influence  his  testimony  in  any  matter  where  Mr.  Willis 
was  concerned  or  not,  I do  not  know. 

NICK  E.  MILLER. 

February  22,  1883. 


